Can I file a wrongful death suit for my best friend who died?
Baltimore Personal Injury Lawyers can provide you with a Baltimore wrongful death lawyer if you have questions. Our team of attorneys are well versed in the intricacies of the law, including wrongful death cases which can be particularly complex.
If you recently lost a close friend who you believe was killed in an avoidable accident caused by someone’s negligence, you might be wondering if you can sue that person on your friend’s behalf. A Baltimore wrongful death lawyer would have to consider the unique circumstances of your situation in order to fully answer your question. However, there are some general guidelines that might apply regardless.
Can anyone file a wrongful death claim?
The court system limits who can file a claim or lawsuit after someone passes away in an accident or intentional act of violence. Though many people may wish to file a suit after losing their loved one, most will not be eligible to do so. At stake are the damages that can be claimed by the person who the court will accept to file the claim. Damages might include the deceased’s medical costs, funeral costs, the remaining lifetime of lost wages, and other costs. A wrongful death lawyer in Baltimore MD can work with the person filing the claim to determine what damages can be included. In many cases, the amount of damages can be quite substantial.
How the Court Decides Who Can File a Wrongful Death Claim
When someone passes away unexpectedly due to an act of violence or an avoidable accident, and if their passing will bring hardship to numerous people, each may wish to file a wrongful death suit. However, there is a hierarchy when it comes to who can legally bring the suit. As a general rule, it’s the person who stands the most to lose financially from the person’s passing. Again, a Baltimore wrongful death lawyer can look at the particulars of your case and advise you. The court usually makes a decision based on the following relationships to the decedent and who can file the wrongful death suit:
- If the decedent was married, the surviving spouse or else;
- If the decedent was an adult with at least one child, the child or children can bring the suit or else;
- If the decedent was a minor child, the surviving parent of the decedent or else;
- Depending on the state in which the decedent was a resident, if they were not legally married but had a domestic partnership or partner from a civil union, the partner can file or else;
- A distant family member such as a sibling, aunt, uncle, or grandparent.
Exceptions to the above occur on occasion. A Baltimore wrongful death lawyer can advise you further if you feel you have the right to file a claim after losing a loved one.
Call Baltimore Personal Injury Lawyers at (443) 701-3701 to arrange a free no-obligation consultation with a Baltimore wrongful death lawyer to discuss filing a claim.