Wrongful Death Suit: Who Files This Type Of Lawsuit?

Most lawsuits are filed by the person who was wronged or injured, but the situation is different in a wrongful death lawsuit. If you have a loved one who you believe lost their life due to negligence by a medical professional, a personal injury lawsuit can be file against them. However, deciding who should file the lawsuit is a little tricky.

Deciding Who Can File the Lawsuit

When it comes to a wrongful death lawsuit, there are only certain people who can file it. You need to contact a personal injury attorney to find out exactly who can file it, since the rules may vary based on what state you live in. In most cases, it is best to have the person closest to the deceased file the lawsuit. This should be someone who was familiar with the illness or injury, and exactly what happened to cause their passing. If there is a child, parent, or spouse who was there for their doctor's appointments and witnessed the negligence that led to their death, they are the best person to file the lawsuit.

What to do if There is a Will

Before you decide who will file the lawsuit, make sure you find out if the deceased had a will. They might have noted in the will who should take over the decisions in this type of situation. For example, if your sister has died but she selected her adult child as the executor of her estate and the person who is in charge of her finances and medical decisions, the courts might want her to be the one who brings up this lawsuit. This doesn't mean you can't be involved, but her name will be on the paperwork. Speak to an attorney if you're not sure if your loved one had a will.

Filing Rules to Keep in Mind

With most personal injury lawsuits, especially one involving a death caused by negligence, there is a statute of limitations. If you wait too long to file the lawsuit, that period of time might be expired and you can no longer sue the medical center or physician. There are some exceptions, but the sooner you contact a lawyer and get the lawsuit started, the better off you will be. Plus, filing right away is good since all the details of the case are still fresh in your mind. It is still a good idea to keep detailed notes about what occurred to use during the lawsuit.

For more information, contact a personal injury attorney such as Boucher Law Firm.