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Who Can File a Wrongful Death Lawsuit?

 

While wrongful death lawsuits are typically filed by the spouse, parents and/or children of a deceased individual, in some cases, non-traditional partners may also file these cases.

While wrongful death lawsuits are typically filed by the spouse, parents and/or children of a deceased individual, in some cases, non-traditional partners may also file these cases.

Wrongful death lawsuits are a particular type of personal injury case in which one party (the plaintiff) seeks damages from another party whose negligence resulted in the death of the plaintiff’s loved one. It’s important to note that wrongful death lawsuits are civil – not criminal – cases and that, should the prosecutor determine that criminal behavior was involved in the death, a separate criminal case will be filed in an attempt to conviction and likely imprison the defendant. When it comes to filing a wrongful death lawsuit, the person(s) who is (are) legally eligible to acting as the plaintiff in the case will be the person(s) determined to have “standing.” In most cases, this will include:

  • The spouse of the deceased individual
  • The parents of the deceased individual
  • The children of the deceased individual

In special cases, non-traditional partners of the deceased individual, as well as more distant family members, may be legally allowed to act as the plaintiff in the wrongful death lawsuit.

Common examples of wrongful death lawsuits include cases involving allegations of:

  • Motor vehicle accidents, such as car crashes, truck accidents and motorcycle accidents
  • Medical malpractice, in which a medical professional’s negligence causes a patient’s injuries
  • Defective devices, in which dangerous products injure a consumer
  • Dangerous medications, which usually involve claims of serious prescription medication side effects
  • Unsafe premises, which generally involve slip-and-fall accidents or other injuries due to dangerous grounds

Depending on the case, wrongful death settlements can include compensation for:

  • Funeral and burial costs
  • Future lost wages of the deceased individual
  • Outstanding medical bills associated with trying to save the deceased individual’s life
  • Mental anguish and suffering the plaintiff has experienced due to the loss of his or her loved one.

At the Law Office of Mike Hulen, PC, our trusted Denver personal injury attorneys have a proven track record of successfully handling wrongful death lawsuits, and we are experienced at helping families who have lost a loved one to a wrongful death secure the maximum possible settlement for their losses. We encourage those who think they may have a wrongful death claim to meet with us for a free initial consult to learn more about their legal rights and to receive a thorough evaluation of their case. Call us at (303) 932-8666 to get your case started at no upfront cost.

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