Can a Family Member Sue for Wrongful Death?

Losing a loved one in an unexpected way can be a shocking experience to go through. Many people experience mixed emotions. Others may find themselves with major financial dilemmas as a result. However, you may not have to if you were related to the person in a certain way. Feel free to discuss your situation with a Wilmington wrongful death lawyer if you have questions.
WHAT COUNTS AS WRONGFUL DEATH?
Death is deemed a wrongful death when the person lost their life due to an injury caused by someone else. This can involve negligent actions or intentional actions. Reckless actions and failures to act may both count as acts of negligence.
Many people describe negligent actions as careless or reckless behaviors that are likely to result in harm to someone else. Car accidents that involve texting while driving is one example. Failing to act might look like a doctor who fails to follow up with a patient about the serious side effects of a medication. If the patient passes away, then the doctor could be held liable.
Intentional actions involve purposeful decisions and behaviors that cause harm to another person. Assault is one of the most common examples of an intentional action that can lead to death. If someone hit another person on the head hard enough to cause death, then that person could be held liable for wrongful death.
CAN ANY FAMILY MEMBER SUE FOR WRONGFUL DEATH?
Many people wonder if any family member can sue for wrongful death. These parties of interest for wrongful death claims most often include immediate family members. This is because immediate family members tend to be the ones who are most affected by the loss.
Immediate family members can be the spouse, children, and adopted children of the loved one who passed away. Some states allow more distant family members like siblings and grandparents to sue for wrongful death. When a family member was seen as a guardian to the lost loved one, this increases their chances of being able to file a wrongful death claim.
Certain states also allow financial dependents to sue for wrongful death. This could mean a domestic partner who was dependent on the loved one for a basic income. Any other direct financial dependents may also receive benefits for wrongful death, depending on the circumstances.
Some of these categories of who can sue might be vaguer than others. Try contacting a Wilmington wrongful death lawyer if you are unsure about whether you can sue. An experienced lawyer can examine your situation to help determine the best legal options for you. This may also open up opportunities for greater compensation for funeral costs, unpaid medical bills, and emotional distress.
WRONGFUL DEATH ATTORNEY IN DELAWARE
Filing a wrongful death claim is not always easy. A dedicated Delaware wrongful death lawyer can work with you to figure out your best legal options. Start by contacting Edelstein Martin & Nelson by dialing (302) 295-5050 for a free consultation today. Our legal team is ready to increase your chances of compensation for lost income, pain and suffering, and medical expenses. We are located in Wilmington, DE.