Losing a loved one due to someone else's negligence or intentional act is a devastating experience. In such cases, filing a wrongful death lawsuit can provide some sense of justice and financial compensation for the surviving family members. However, it's essential to understand who can file a wrongful death lawsuit to ensure your eligibility. In this blog, we will explore the criteria for filing such a lawsuit and provide valuable insights to help you navigate this challenging process.
Immediate Family Members
Typically, the immediate family members of the deceased have the primary right to file a wrongful death lawsuit. This usually includes:
Spouse: A surviving spouse has the primary right to file a wrongful death claim. In cases where the couple was estranged or divorced, the rights to file might vary based on state laws.
Children: Children of the deceased often have the right to file a wrongful death lawsuit. This includes both minor children and adult children, though the specifics might differ based on state laws.
Parents: In some cases, parents of a deceased child might be eligible to file a wrongful death lawsuit, particularly if the child was unmarried and had no descendants.
Personal Representatives or Executors of the Estate
The personal representative or executor of the deceased person's estate can file a wrongful death lawsuit on behalf of the estate and beneficiaries. This individual, appointed through a will or by the court if there is no will, represents the deceased's interests and the beneficiaries of the estate. The compensation obtained through a successful lawsuit typically goes to the estate and is distributed to the beneficiaries or heirs according to the deceased person's will or the state's laws of intestacy if no will exists.
Other Parties Based on Dependency
In certain cases, individuals who were financially dependent on the deceased might be eligible to file a wrongful death lawsuit. This may include:
Putative Spouses or Domestic Partners: In cases where the relationship was akin to a marriage but wasn’t legally recognized, putative spouses or domestic partners might have the right to file a wrongful death claim.
Financial Dependents: Individuals who can prove that they were financially dependent on the deceased might be eligible to file a wrongful death claim. This may include stepchildren, grandparents, or other family members who relied on the deceased for financial support.
Special Circumstances & State Variations
State laws vary in defining who can file a wrongful death lawsuit. Some states allow for a broader interpretation of eligible parties, while others have more specific criteria. Some states might permit individuals such as siblings, extended family members, or even those who have suffered financially due to the death, like a live-in partner or a dependent relative, to file a wrongful death claim.
Maloney Law Group, P.L.L.C. Is Here In Your Time of Need
Losing a loved one is never easy, but when their death could have been prevented, there's no way to ever fully get justice. However, filing a wrongful death lawsuit can at least hold negligent parties responsible. By providing valuable information, we hope to empower readers in their pursuit of legal action. Remember, our compassionate team at Maloney Law Group, P.L.L.C. is here to support you through this challenging process. Contact our wrongful death attorneys today to learn if you have a case and take the first steps towards securing compensation and achieving a piece of the justice your loved one deserves.
Call Maloney Law Group, P.L.L.C. now at (210) 361-2997 or request a consultation online.