Wrongful Death Attorneys​. Lawyer Ben Roberts.

Who can be sued in a wrongful death?

The sudden and unexpected loss of a loved one is a devastating experience that no one should have to endure. Sadly, many families are forced to confront this tragedy due to the negligence or recklessness of another person or entity. When a person dies as a result of someone else’s wrongdoing, their surviving family members may have grounds to file a wrongful death lawsuit.

A wrongful death lawsuit is a legal action brought by the surviving family members of a person who has died as a result of someone else’s negligent, reckless, or intentional conduct. This type of lawsuit is intended to provide compensation to the surviving family members for the losses they have suffered as a result of their loved one’s death.

But who can be sued in a wrongful death lawsuit? The answer to this question depends on the circumstances of the case. In general, anyone who was responsible for the death of the victim can be sued, including individuals, corporations, and government entities.

Individuals who can be sued in a wrongful death lawsuit include anyone whose actions contributed to the victim’s death. This may include drivers who caused a fatal car accident, doctors who provided substandard medical care, or property owners who failed to maintain safe premises. In some cases, even bystanders who failed to intervene and prevent the victim’s death may be held liable.

Corporations can also be sued in wrongful death lawsuits. If a company’s negligence or recklessness caused the victim’s death, the surviving family members may be able to bring a lawsuit against the company. For example, if a defective product caused the victim’s death, the manufacturer of the product may be held liable.
Government entities can also be sued in wrongful death lawsuits, but the process for doing so is more complex. In general, government entities are protected by sovereign immunity, which means they cannot be sued without their consent. However, many states have waived sovereign immunity in certain cases, such as when a government employee’s negligence caused the victim’s death.

In order to bring a successful wrongful death lawsuit, the plaintiff must prove that the defendant was responsible for the victim's death.

This typically requires showing that the defendant was negligent, meaning they failed to exercise reasonable care and that failure caused the victim’s death. In some cases, the plaintiff may also be required to show that the defendant acted intentionally or recklessly, depending on the circumstances of the case.
It’s important to note that there is a time limit for filing a wrongful death lawsuit. This time limit, known as the statute of limitations, varies by state but is generally two to three years from the date of the victim’s death. Failing to file a lawsuit within the statute of limitations can result in the case being dismissed.

In conclusion, anyone who was responsible for the death of a person can be sued in a wrongful death lawsuit, including individuals, corporations, and government entities.

Bringing a successful wrongful death lawsuit requires proving that the defendant was responsible for the victim’s death and that the plaintiff has suffered damages as a result. If you have lost a loved one due to someone else’s negligence or recklessness, it’s important to consult with a personal injury attorney to learn about your legal options.