Are You Allowed To Make A Personal Injury Claim On Behalf Of Someone Who Has Died?

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It is possible to file an injury lawsuit on behalf of an individual who has died. To accomplish this, you usually require a grant of probate, which is also known as letters of administration; however, occasionally, you would be able to file a claim on behalf of the estate’s beneficiaries without one. Contact Murphy Trial Law to know more about bringing a claim on behalf of a deceased individual. 

Can you bring a personal injury claim on behalf of a deceased person?

The individual appointed as an executor in their Will or the one who seeks letters of administration to carry out the Will’s administration is the appointed representative of their estate. On behalf of the estate, the personal representative can submit a claim for losses. Anybody who was financially or otherwise dependent on the deceased can also bring a claim on their behalf. It might be necessary to file every claim related to the same incident all at once as one. Here are some key points for suing on behalf of a deceased family member:

  • In a wrongful death case, a person can file a claim for the losses or damages suffered by losing a loved one on behalf of the deceased family member.
  • A family member’s death must have been caused by another person’s irresponsible or reckless actions in order to qualify for wrongful death compensation. 
  • Legal action for wrongful death can offer financial and emotional damages incurred by the loss of a family member. Pain and suffering, emotional distress, and loss of care, aid, or inheritance are some examples of these damages. 

When you begin a wrongful death lawsuit, you are technically suing for yourself instead of your deceased family member. You are suing the individual who negligently caused your relative’s death, seeking compensation for the damage that the death did to you directly.

Unfortunately, workers’ compensation and life insurance providers can take advantage of your terrible situation by providing you with a small payment even though they are conscious of how much you need.

How much compensation can you seek?

When filing a lawsuit on a deceased relative’s behalf, common compensation types to seek are:

  • Distress and pain prior to death
  • Pre-death healthcare costs
  • Costs related to burial and funerals
  • Loss of expected earnings for the deceased
  • Loss of consortium
  • Inheritance loss
  • Loss of friendship
  • Punitive damages are intended to penalize the negligent individual who caused the death and prevent further instances of the same behavior. Some states do not allow punitive damages.

State laws vary regarding the sum of compensation surviving family members may be entitled to after a family member’s untimely death. Make an appointment with an experienced wrongful death attorney so they can discuss the details of your case and provide you with a precise list of damages that you are qualified to receive in your state.

What are the statutes of limitations?

As soon as it turns out that a family member’s death was caused by carelessness, lawsuits on their behalf should always be filed. State-by-state variations apply to the statute of limitations or legal time limit. Usually, the statute of limitations is one to three years after the death date.

Analyzing the facts surrounding the death is required in order to figure out the statutes of limitations. This is different; for example, if the demise was purposeful, in which case it may be considered murder rather than wrongful death. Specific rules might also apply if the deceased family member was young or mentally incapable of working.

Do you need to hire a personal injury lawyer?

Although it is not essential, working with a personal injury attorney who handles cases involving fatalities will significantly increase your chances of succeeding and maximize the amount of compensation you are awarded.

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