When someone you love dies, it can be difficult for everyone involved. However, what is often more confusing is the fact that there may be legal issues that need to be addressed as well. One of these issues is whether or not family members can sue for wrongful death. If you are wondering whether your sibling can file a lawsuit against another person after your brother or sister dies, read on to learn more about this topic.
What Is A Wrongful Death?
The first question is, what is the actual definition of wrongful death? A death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another. This can be a medical professional, auto accident, and a pedestrian accident.
Basically, when a person dies due to the negligence of another person or entity. In some cases, a wrongful death lawsuit can be brought by the individual who was directly harmed by the loss of the deceased, and in other cases, it can be brought on behalf of all beneficiaries of the decedent. For example, if an older sibling that cares for a younger sibling dies due to medical malpractice at a hospital, a wrongful death lawsuit may be brought on behalf of the dependent sibling who was financially dependent on them.
Does A Sibling Have To File The Lawsuit?
The surviving siblings can file a wrongful death lawsuit on behalf of their deceased brother or sister. However, if they don’t, the court may appoint an attorney to represent the estate of the deceased person, and the family members may have no say in how the case is handled.
In some states, all immediate surviving family members are entitled to compensation for their losses caused by the wrongful death of another person. This includes children, parents, grandparents, and other relatives who would normally be considered beneficiaries of an estate. However, each state has its own rules regarding who can sue and what they can recover.
Really anyone in the immediate family can file a lawsuit against the responsible party; however, it’s better if a person who lives in the same household does, proving they are the dependant and showing what they need the financial compensation for, whether it be medical expenses after the fact or funeral expenses.
When Should The Victim’s Sibling Hire A Lawyer?
You should consider hiring an experienced personal injury attorney as soon as possible, even if you’re not sure about filing a lawsuit yet or if there are no deadlines for filing claims. Your lawyer can help you understand your rights and options under the law and can assist you with gathering evidence and information that could be used in court later on.
For example, the sibling who is suing for the wrongful death can explain to the lawyer what they believe happened, the circumstances during the situation, and the timeline of when the wrongful death occurred. The lawyer is your safety net. Lawyers know the ins and outs of all laws. They also know how to get the maximum compensation your sibling deserves. Though they are no longer physically here, they deserve justice just as much as anyone else.
Contact Anthony Paglia Today
If a sibling you love has passed away from injuries caused by another person’s negligence and you want justice for their passing, call Anthony Paglia today. We assist with seeking monetary compensation to help with any funeral expenses. Dealing with the unexpected passing of a loved one is difficult enough without having to worry about the finances that come along with it.