If you have lost a loved one in an accident, you may be wondering if you can bring a lawsuit on their behalf. The answer is typically yes – a survivor claim is brought on behalf of a deceased person to recover compensation for the injuries the victim suffered before they died.
In this blog post, we will discuss what a survivor claim is and how it works. Read on to learn more.
A survivor claim is brought under the wrongful death statute in most states. This statute allows certain family members to recover damages when their loved one dies due to the negligence of another person or entity. The purpose of the survivor claim is to compensate the victim’s family for the suffering their family member endured before death.
Determine Who Has Standing
The first step in bringing a survivor claim is to work with your attorney to identify who has the standing to bring the lawsuit. In most states, this will be the victim’s spouse, children, or parents. Once you have identified who has standing, you will need to file a complaint with the court and serve it on the defendant.
In the complaint, you will allege that the defendant’s negligence caused the death of your loved one. You will also allege that you are entitled to damages as a result of the death. Once the complaint is filed, the defendant will have an opportunity to respond.
The defendant may assert various defenses to the survivor claim, such as comparative negligence or assumption of risk. If the defendant prevails on any of these defenses, it may reduce or eliminate the amount of damages that you are able to recover in the lawsuit.
We Can Help with Your Case
If you’ve lost a loved one due to another’s negligence, you may be owed compensation. While money cannot bring your loved one back, it may help bring justice to you and your family.
Contact Christie Farrell Lee & Bell today with the details of your case by calling (317) 245-3709 or filling out our online contact form to learn more about how we can help.