Serving The Injured In New York And Pennsylvania

Who initiates a wrong death lawsuit?

On Behalf of | Aug 9, 2022 | Personal Injury

Losing any loved one is difficult, but it can be especially difficult knowing that the loved one should still be with them if it were not for the negligence of other people. A sudden death like this can leave a family not only in shock and grief, but also struggling financially as well.
After a fatal accident caused by the negligence of another party, family members of the victim may be able to start a wrongful death lawsuit against the people responsible for causing the accident. Through these lawsuits they not only may be able to receive compensation to help ease the financial difficulties they are experiencing, but also hold the people responsible for the accident accountable for their actions.

People who can start a wrongful death lawsuit

Wrongful death lawsuits have similarities with many personal injury lawsuits, but obviously the injured party is not able to initiate their own lawsuit. So, the question is who can start the lawsuit? The answer is the personal representative of the deceased’s estate.

The damages received through the lawsuit will go to the beneficiaries of the deceased, but generally the personal representative initiates it. However, if the wrongful death lawsuit is not initiated within six months of the death, then those entitled to receive the damages can also initiate the lawsuit in addition to the personal representative.

No one in Pennsylvania wants to be in a position where they need to start a wrongful death lawsuit. It may not be the first thing people think about when they lose a loved one, but they can be an important part of the process as people attempt to move on after losing a loved one in a fatal accident. Experienced attorneys understand the process for wrongful death lawsuits and may be able to guide one through it.