Survivor's Right to Sue

Definition - What does Survivor's Right to Sue mean?

The survivor's right to sue refers to the right or entitlement of the survivors of a person, in case of the latter's wrongful death, to seek legal recourse for the death itself as well as other damages, such as lost income. In the past, only the injured person could file a lawsuit. In modern times, if they pass away due to those injuries, state laws now allow for the survivor's right to sue.

Insuranceopedia explains Survivor's Right to Sue

Each state has varying laws that govern wrongful death claims, which range from fatal car accidents to medical malpractice. The survivors may file a lawsuit to legally hold the alleged at-fault party for negligent or intentional acts that lead to the deceased's death. Depending on the state, even a life partner, distant family members, or anyone suffering financially as a result of the death may be entitled to the survivor's right to sue.

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