Inspired by grienspace’s thread about the death of a family member.
Putting aside the issue in that thread about the statute of limitations… Suppose MY mom died from what I believed was malpractice. But my father didn’t think so, and didn’t want to sue.
- Could I sue without his participation?
- It seems obvious, that losing my mother would constitute suffering damages. How would such damages be enumerated to a court?
- Would it matter whether or not I was a minor?
- What if it were my sister rather than mother?
In a recent discussion group, this question came up. Generally, it depends on the age of the deceased relatives. Most states only allow a married spouse or minor children to to sue if the person that died was an adult. Adult children, brothers, sisters, and parents are restricted from filing lawsuits unless the deceased was that persons sole source of support.
If the deceased was a minor child, the parents, minor brothers and sisters generally have standing to sue. Adult siblings and grandparents again have very limited rights.
So to answer your questions:
-
Probably not if you are an adult. Once you reach the age of maturity, your mother no longer has any financial obligations to you. Her death caused you no financial losses. I will also temper my responses as there could be certain situations that would allow you to sue.
-
With the limitations as descibed above, nothing.
-
Obviously.
-
If you were both minors, you could have cause for action, If one or both of you are adults, again, there are limititations.
The gentleman leading the discussion was a retired judge and pointed out, anyone can sue anybody for anything. Each state is different and a thorough examination of your states tort laws would be required to give a definitive answer. As I often reply on another forum I frequent, I would suggest you contact a local attorney for a free or low cost consultation.