People directly harmed by the bad decisions of others sometimes have the right to take legal action. Personal injury lawsuits give those involved in car crashes or harmed by defective products a form of legal recourse.
Wrongful death lawsuits are similar. They give those grieving the loss of a loved one an opportunity to pursue justice in the civil courts. When someone dies prematurely, their surviving loved ones may want to go to the courts in pursuit of justice. Wrongful death lawsuits can result in financial compensation for those affected by an individual’s preventable death.
A judgment in favor of the plaintiff in a wrongful death lawsuit may provide them with closure. It can also give consequences to the person or business responsible for an individual’s death. Those grieving the death of a loved one may have the option of pursuing a wrongful death lawsuit in some cases. Who can file a wrongful death lawsuit in Pennsylvania?
Those with proof of qualifying circumstances
While every death may feel like a tragedy, not every passing is actionable under state statutes. For a wrongful death lawsuit to occur, the situation needs to meet a specific legal standard.
Typically, plaintiffs need proof that either negligence or inappropriate, illegal behavior is what caused the death of their loved one. The burden of proof falls to the plaintiffs in a wrongful death lawsuit, although the standard of proof is lower in the civil courts than in the criminal court. In cases where the state declined to prosecute, a lawsuit may still be an option.
Those directly affected by the tragedy
The right to file a wrongful death law usually extends to the surviving dependent family members of the deceased individual. Spouses, children and parents are among the parties capable of pursuing a wrongful death lawsuit.
If the deceased individual does not have immediate family members or if their family members declined to take legal action, then the personal representative of their estate can potentially initiate a wrongful death lawsuit.
Reviewing the situation that led to someone’s early death can help grieving individuals determine whether a wrongful death lawsuit is possible in their circumstances. A lawsuit can be one of the most effective ways of securing closure and reducing the long-term harm caused by a loved one’s untimely death.