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Can I File a Wrongful Death Lawsuit if a Truck Accident Killed a Relative?

Legal Information From Greenberg & Stone, About Fatal Truck Accidents

In general, our justice system gives people the right to seek compensation from a company or person that negligently or intentionally causes the death of an immediate family member. This type of legal action is known as a wrongful death lawsuit.

Every state has its own wrongful death law. The law defines who may file a wrongful death lawsuit after the untimely death of a loved one. The law usually restricts the legal right to file a wrongful death lawsuit to certain types of relatives. For example, children may be able to file a wrongful death lawsuit, but grandchildren may not be able to. Each state’s wrongful death law also defines a deadline — called a statute of limitations — by which the family must file the wrongful death lawsuit or lose the right to do so altogether.

The wrongful death lawsuit deadline is different in every state. Speak with an experienced attorney as soon as possible after a fatal truck accident to protect your legal rights. Greenberg & Stone, is a nationwide truck accident law firm with an AV Rating* and a long-standing dedication to helping families secure justice after a catastrophic truck accident takes the life of a family member. To talk to one of our lawyers, call toll free 888-499-9700.

One Wrongful Death Lawsuit for the Entire Family

From a formal legal perspective, the wrongful death lawsuit is filed through the estate of the deceased person. From a practical perspective, this means that your attorney must set up an estate if the deceased person does not have one at the time of death. This also means that the compensation achieved via the wrongful death lawsuit will be paid out via the estate to all eligible family members — regardless of whether those family members were originally involved in filing the wrongful death lawsuit.

For this reason, your lawyer will ask you to identify all surviving family members that you know of, including estranged siblings, stepparents, stepchildren and other family members who may not seem “immediate” by your own personal definition. This is not because your attorney is trying to reduce the compensation you personally receive from the wrongful death lawsuit, but because your lawyer is required to follow the laws regarding wrongful death lawsuits in your state.

Learn More About Truck Accident Lawsuits

You can get more information by reading the rest of our truck accident lawsuit FAQ section:

You can also review summaries of past truck accident cases handled by our law firm.

For More Information Call 888-499-9700

We recognize that our FAQ section may not provide you with all the answers you are looking for, especially if you have recently lost a family member in a fatal truck accident.

We are available 24/7 via e-mail and answering service. We place a high priority on promptly responding to your inquiries.


* AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories — legal ability and general ethical standards.

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