How And When Dependents of Accident Victim Can Sue

Injury Lawyer Personal Injury Faq's

Suppose that the victim of a given accident had hired a lawyer. The same victim planned to work with that lawyer, in order to sue the neglectful and careless person that caused the accident. Then, suddenly, the health of the injured person starts going downhill, and the lawyer’s injured client dies. What could happen then?

In that case, a dependent of the victim would have a right to sue the person that seemed to be responsible for the accident. The victim’s actions had demonstrated the intention to sue, and the same victim had the legal right to sue. If those two facts cannot be disputed, the defendant can proceed with the lawsuit.

In what way should the defendant be related to the deceased victim?

Typically, that dependent is a spouse or a child of the person that got injured and then died. Sometimes an ex-wife might try to sue, when a former husband has been in an accident. She may have trouble winning such a case.

If a child elects to sue for a deceased victim, the same lawsuit is not always filed on behalf of a parent. It could be that, at one time, a grandparent had been the child’s chief caregiver. Alternatively, it could be that an older sister or brother had administered that same level of care. By the same token, a grandparent or a sibling might sue on behalf of a victim, one that was also a member of the family.

The sorts of losses that the lawsuit seeks to recover

The act of caring for an injured family member can be financially demanding. It also forces the caregiver to sacrifice a huge block of time. For that reason, the death of the person that has been cared for can lead to the filing of a lawsuit. The caregiver hopes to recover certain losses.

For example, the caregiver may have spent money on some medical equipment or on medication for the injured relative. Maybe that same caregiver also helped to defray the funeral expenses. Perhaps that caring relative did not hesitate to cover all the travel costs that had to be taken care of by someone that was part of the recovery efforts
Had the caregiver taken time off from his or her job? If so, the value of that time away from work represents a loss.

Had the dependent received some guidance from the deceased relative? If so, then the loss of guidance, care or companionship could be the same dependent’s reason for filing a lawsuit.

How does a dependent get rewarded compensation?

If only one dependent has filed a lawsuit, the judge will declare whether or not the defendant’s case has been won, thus assuring the dependent’s recovery of any declared losses. If there was more than one dependent, then the court determines how the accident benefits will be apportioned among all the deserving plaintiffs. It is important that the next of kin consults a personal injury lawyer in Oakville before filing a lawsuit.

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