A wrongful death lawsuit is a legal action brought by the survivors or representatives of someone who has died due to the negligence, recklessness, or intentional actions of another party. This type of lawsuit allows those left behind to seek compensation for the losses they have suffered as a result of the death. However, not everyone can file a wrongful death lawsuit. Read on to understand who has legal standing to file a wrongful death lawsuit.
The most common plaintiffs in wrongful death cases are immediate family members, such as the deceased individual’s spouse, children (including stepchildren and adopted children), and parents. These individuals have the clearest right to bring a wrongful death claim because they are usually the persons most affected by the death of their loved one.
In some cases, extended family members, such as siblings or grandparents, may be able to file a wrongful death lawsuit. However, this is only allowed if no immediate family members or other legal representatives are available to file the claim. In order for an extended family member to file a lawsuit, they’d have to be appointed a personal representative, as described in the next paragraph.
If the deceased individual died without a will, the court may appoint a personal representative called an “administrator.” An administrator of an estate may be a surviving spouse, parent, or adult child. As discussed, if no immediate family members are available, then an extended family member or even a family friend may be appointed to administrate the estate. The administrator collects all the assets of the deceased individual, pays creditors, and distributes remaining assets to heirs or other beneficiaries.
If the deceased individual died with a will, the person appointed in the will as the “executor” has similar responsibilities to the administrator in that they must collect assets, make sure all debts and taxes are paid, and then distribute the remaining assets to the beneficiaries in accordance with law and the will.
A wrongful death attorney in Philadelphia will help the plaintiff figure out who should represent the estate.
What is essential for every potential wrongful death plaintiff to know is that they don’t have unlimited time to do so. Under the Pennsylvania wrongful death statute, the wrongful death plaintiff has two years after the official death date to file a wrongful death lawsuit. This restriction is typically referred to as the wrongful death statute or the statute of limitations. Two years may seem like a long time, but the Philadelphia wrongful death attorney will need ample time to investigate the circumstances surrounding the deceased individual’s death. They will need to order records such as medical records or employment records. They will need to talk with various individuals who were involved in or had substantial knowledge about the circumstances leading up to the death. They will need to fully understand whether someone or multiple persons are at fault for the death.
Thus, in order to comply with the wrongful death statute of limitations, a wrongful death plaintiff should contact an attorney as soon as possible after their loved one dies.
An experienced wrongful death lawyer in Philadelphia will help the plaintiff with all of the difficult stages of their wrongful death lawsuit. To talk with an experienced wrongful death attorney, contact the lawyers at VSCP Law.
