When a person suffers fatal injuries in a slip and fall accident, the legal aftermath can feel overwhelming, especially if the victim dies without a will. Families often find themselves grieving while trying to understand who has the right to file a wrongful death claim. Without clear legal direction from the deceased, the process of pursuing a wrongful death lawsuit or personal injury lawsuit becomes more complex. But state laws offer pathways for surviving family members to seek compensation and hold the at-fault party accountable.
Let’s walk through who files a slip and fall lawsuit if the victim dies without a will and what steps you must take to recover compensation.
Understanding Slip-and-Fall Accidents Leading to Fatalities
Slip and fall accidents may seem minor, but in many cases, they result in severe or fatal injuries, especially among the elderly. When a person dies due to a slip and fall caused by a property owner’s negligence, the surviving family may have grounds for a wrongful death claim.
In legal terms, a slip and fall accident occurs when an injured person slips, trips, or falls due to dangerous conditions such as wet floors, poor lighting, or uneven walkways. If the property owner had a legal obligation to maintain safe conditions and failed to do so, they may be held liable.
Fatal injuries in these cases often include head trauma, internal bleeding, or broken bones, leading to complications. The at-fault party could be a business, a landlord, or even a government agency. When these incidents lead to a person’s death, the situation escalates from a personal injury case to a wrongful death lawsuit.
Who Has the Legal Right to File the Lawsuit?
If the victim dies without a will, state laws determine who has the authority to file a wrongful death lawsuit. This responsibility typically falls to a personal representative or executor of the deceased person’s estate, even if no will exists.
In most states, if there is no will, the court will appoint someone to serve as the personal representative. This person is usually a surviving spouse, adult child, or another immediate family member. Their role includes managing the estate and initiating any legal claims, including a wrongful death suit.
Here’s how this works in California and Colorado:
California:
Under Cal. Civ. Proc. Code § 377.60, the following individuals can file a wrongful death claim if someone dies due to another’s wrongful act or neglect:
- Surviving spouse, domestic partner, children, and grandchildren of the deceased
- If no surviving children exist, those entitled to inherit under intestate succession (including parents or legal guardians if parents are deceased)
- Dependent individuals, such as a putative spouse, their children, stepchildren, parents, or guardians, even if not related by blood or marriage
- A minor who lived with the decedent for at least 180 days and depended on them for at least half of their support
Colorado:
Under C.R.S. § 13-21-201, certain individuals may file a wrongful death lawsuit when a person dies due to another party’s negligence, misconduct, or intentional act.
Within the first year following death, the right to file belongs to:
- The surviving spouse of the deceased.
- The spouse and heirs, if the spouse elects in writing to include them.
- The heirs alone, if the spouse elects in writing to allow it.
- If there is no spouse, the heirs or the designated beneficiary may file.
- If the deceased had no spouse, heirs, or beneficiary, the siblings or their heirs may bring the claim.
In the second year following death, the following parties may file:
- The spouse.
- The heirs.
- The spouse and heirs jointly.
- The designated beneficiary and heirs.
- The siblings or their heirs, but only if no spouse, heirs, or beneficiary exists, and the deceased had no parents.
If the deceased was an unmarried minor or an unmarried adult with no descendants or designated beneficiary, the parents may file the lawsuit jointly. If one parent is deceased, the surviving parent has the exclusive right. If the parents are divorced or separated, either may ask the court to fairly divide any award based on their relationship with the deceased.
This process helps ensure accountability and fair compensation after a loved one’s untimely death.
The Legal Process and Proving Negligence
To successfully file a wrongful death lawsuit after a slip and fall accident, the personal representative must follow a structured legal process. This includes gathering medical records, police reports, accident reports, and other forms of evidence to prove negligence.
To establish liability, the claimant must show:
- A legal duty existed (e.g., property owner responsible for safety).
- That duty was breached (hazards ignored or unaddressed).
- The breach directly caused the fatal accident.
- The death resulted in measurable damages (e.g., medical expenses, burial expenses, lost income).
Wrongful death lawyers play a key role in collecting this evidence and handling civil court procedures. They ensure that the liable party cannot avoid accountability for their negligence.
Damages You Can Recover Through a Wrongful Death Claim
Families filing a wrongful death claim may seek compensation for a wide range of economic and non-economic losses.
These can include:
- Medical bills incurred before the victim’s death
- Funeral and burial expenses
- Loss of financial support or income from the deceased person
- Loss of companionship, care, and guidance
- Emotional pain and suffering
Settlement negotiations often follow the initial lawsuit filing. Whether resolved in or out of court, the goal is to ensure that the family receives fair compensation for their loss.
The Role of an Experienced Wrongful Death Attorney
Handling the aftermath of a loved one’s wrongful death is emotionally and legally complex, especially if another party’s negligence caused the fatal accident. An experienced wrongful death attorney offers crucial guidance through every step of the process. They help determine who should file a wrongful death claim, manage legal deadlines, handle the insurance claim, and collect compelling evidence.
In wrongful death cases stemming from personal injury incidents like slip and fall accidents, or even car accidents, truck accidents, or medical malpractice, attorneys ensure no legal detail is missed. They also advocate for clients during settlement negotiations and, if necessary, in civil court.
Working with a wrongful death lawyer does not just help with the legal aspects. It provides emotional relief, allowing families to focus on healing while a professional handles the legal fight.
Additional Legal Considerations When No Will Exists
When a person dies intestate (without a will), it triggers specific rules under state probate laws. These laws determine how the estate is distributed and who is appointed to take legal action. The court may appoint an administrator or personal representative to pursue the wrongful death suit.
Even without a will, courts allow the deceased’s surviving spouse, the victim’s children, or a family member to represent the estate. But strict timelines apply.
For example:
- In California, you have two years to file under Cal. Civ. Proc. Code § 335.1.
- In Colorado, wrongful death actions must be filed within two years as per C.R.S. § 13-80-102.
Failing to act within these limits can result in losing your right to recover compensation.
Holding the Negligent Party Accountable
Ultimately, filing a wrongful death lawsuit after a person’s negligence caused a fatal slip and fall is about accountability. The at-fault party should not walk away without answering for their actions. Whether it’s a store that failed to clean a wet floor or a landlord who ignored unsafe stairs, the negligent party must be held liable.
Wrongful death actions serve not only to compensate families but also to prevent future tragedies. By filing a personal injury claim or wrongful death suit, you help prevent others from experiencing the same tragedy.
Taking Action After a Loved One’s Death
When a loved one’s death results from a slip and fall accident, and they leave no will behind, you still have legal options. Understanding who files a slip and fall lawsuit if the victim dies without a will can be the first step toward justice.
With the right legal support, surviving family members can hold the defendant’s negligence accountable, recover medical expenses, funeral and burial costs, and claim the fair compensation they deserve.
Let Bourassa Law Group guide you through this difficult time. Our team understands the pain of untimely death. Contact us today for a free consultation and take the first step toward healing and justice.
1-800-870-8910