Who is legally allowed to file a wrongful death claim?
The individuals who are legally allowed to file a wrongful death claim vary depending on the state and the laws of the state or country where the claim is being filed. A wrongful death lawyer can determine if you are eligible to file a wrongful death claim in your state.
Who Can File a Wrongful Death Claim?
Generally, the following parties have legal standing to bring a wrongful death claim:
Surviving Spouse
The surviving spouse or registered domestic partner of the deceased has the right to file a wrongful death claim.
Immediate Family Members
In most jurisdictions, immediate family members of the deceased have the primary right to file a wrongful death claim. This typically includes the surviving spouse, children (including adopted children), and parents of unmarried children who were minors.
Legal Dependents
Individuals who were financially dependent on the deceased, even if they are not related by blood or marriage, may have the right to file a wrongful death claim in some jurisdictions.
Estate Representative
In some cases, the personal representative or executor of the deceased's estate may be allowed to bring a wrongful death claim on behalf of the estate and the surviving family members.
How Can a Wrongful Death Attorney Help?
If you believe you have a wrongful death claim, it is essential to consult with an experienced wrongful death lawyer who can advise you on your legal rights and help determine who is eligible to file the claim based on the laws of your jurisdiction. An attorney can also guide you through the legal process and seek fair compensation for your loss and damages resulting from the wrongful death of your loved one.
Contact Us Today
If you lost a loved one due to the negligence of another, schedule a free consultation with a wrongful death lawyer at MVP Accident Attorneys to discuss your case and explore your legal options. Our dedicated team will fight tirelessly to protect your rights and ensure you obtain the compensation you deserve for the devastating loss of a loved one. Contact us today to learn more.
Author
Brett Sachs
Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.
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