Q: Is it possible to file simultaneous PI and wrongful death lawsuits for a car accident that caused a death?
A: Yes. But depending on how many claimants there are who qualify to be part of the wrongful death action, the person(s) pursuing the separate negligence claim may be better off filing separately.
Sorry for your loss.
Yes, they are separate causes of action with different parties so they can be filed together in one lawsuit at the same time or in more than one. The advantages and disadvantages would depend upon the details of the case.
With a case such as a wrongful death and survival action, it is definitely in the interests of all involved to talk the case over in detail with an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.