Consult With a New Jersey or Philadelphia, Pennsylvania Wrongful Death Lawyer

It is important to note that not everyone can file a civil lawsuit seeking financial compensation for the wrongful death of another person. The courts and legislators have decided that the right to obtain financial compensation, including loss of income, pain and suffering, funeral costs, and other expenses, should be limited to certain categories of people. In theory, only people who are closely connected to a deceased person, such as a spouse, children, other direct relatives, are sufficiently hurt by the loss of that person so as to qualify for compensatory damages. 

Survival Action

The estate of the victim may bring an action known as a survival action in most states.  This action enables the estate to recover future earnings losses and pain and suffering of the decedent if he suffered before death as a result of the negligence of the defendant. Survival Actions must be brought by the executor or administrator of the estate, and any recovery is distributed with the rest of the estate according to the will if there is one. In New York, New Jersey, and Philadelphia, Pennsylvania, a wrongful death lawyer from the Locks Law Firm can determine whether you are eligible to file a wrongful death lawsuit.

At the Locks Law Firm, we are experienced with handling wrongful death cases and can evaluate your situation and tell you whether you or someone else is eligible to file such a suit for damages.

Wrongful Death Eligibility

The first step in pursuing a wrongful death lawsuit is determining whether the plaintiff is legally eligible to file the suit, a legal concept which is called “standing.” Generally speaking, immediate family members of the deceased person, including parents, spouses, and biological and adopted children, are the only parties who have standing to file a wrongful death lawsuit. In some instances, a legal guardian or custodian must be appointed by the court to represent the interests of the deceased person's children if they are under the legal age. The executor of the estate may also bring a survival action on behalf of the estate of the decedent.   The types of damages that may be recovered also vary from state to state and you should consult a lawyer with regard to the specifics of the applicable state law if your family wishes to assert a wrongful death or survival claim.

If you are considering filing a wrongful death lawsuit in New York, New Jersey, or Philadelphia Pennsylvania, contact a wrongful death lawyer from the Locks Law Firm for a free consultation and case evaluation, which includes a determination of your standing to file the suit.

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Learn More about Wrongful Death Eligibility

The preparation and filing of a civil lawsuit can be an expensive and time-consuming process. To ensure that your wrongful death lawsuit is competently filed by a plaintiff who has standing to file such a suit for damages, contact a New York, New Jersey, or Philadelphia, Pennsylvania wrongful death lawyer at the Locks Law Firm today.  We handle these cases on a contingent fee basis which means that we do not accept a legal fee if we not recover monetary damages for you or the estate.

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For a free consultation and case review with a New York, New Jersey, or Philadelphia, Pennsylvania wrongful death lawyer, contact the Locks Law Firm today.