Can you sue on behalf of a deceased person?
The answer to this question depends on a few different factors, including the type of case, the jurisdiction in which the case is being litigated, and just how deceased the represented party actually is.
There are many reasons why you may want to sue on behalf of a deceased person, though whether or not you actually can do so depends on the specifics of your case.
For a more in-depth look at what you should know about suing on behalf of a deceased person, be sure to keep reading.
Legal Standing
Legal standing is defined as having sufficient interest in an issue to challenge a law in court and the authority to represent another in a lawsuit. In order to determine legal standing, it is important to consider the roles and interests of the deceased person.
Was the deceased person a victim of a civil wrong? Did the deceased person have a financial or personal interest in this matter? In order to have legal standing, family members or executors must provide evidence that the deceased’s interests in a lawsuit were more than just a passing interest.
Time Limitations
One needs to be aware of the time limitations associated with wrongful death cases. Most states have a two-year statute of limitations for commencing a wrongful death suit. In other words, the cause of action must be brought forward within two years of the individual’s death.
After that, the right to sue will be barred by the court. However, some states may have different statutes of limitations — for example, in some states, a wrongful death accident or action may need to be initiated within one year, or even six months of the death.
Appointing an Attorney
When suing on behalf of a deceased person, it is important to appoint a personal representative or an attorney as soon as possible in order to handle the legal proceedings. The attorney will take care of all the necessary paperwork and ensure that the rights and interests of the deceased are protected. They should also be familiar with state and local laws regarding wrongful death lawsuit and other types of claims.
An attorney, such as one from Stevenson Klotz injury lawyers, can also help ensure that the lawsuit is properly filed. It should be within the statute of limitations in the state where the death occurred. The attorney will be able to answer any questions regarding the process, provide advice, and help manage any potential damages.
Evidence Collection
One of the most important things to remember is the importance of evidence collection. Gathering evidence can be the most difficult part of the process as the plaintiff may no longer have access to the deceased person’s possessions or personal records. It is essential to be as thorough with evidence gathering as possible in order to ensure that the case has a better chance of success.
Know the Process of Suing on Behalf of a Deceased Person
Suing on behalf of a deceased person is a complicated and sensitive process. Laws governing such cases vary from state to state and researching the proper steps to follow is essential.
Consult an experienced attorney in order to protect the rights of the deceased and their estate. Take the time to research your options and learn more about your rights before deciding to move forward.
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