Losing a loved one because of the actions of another can be
terrible. Family members in these situations could be entitled to file a
wrongful death lawsuit.
Each state has particular legislation defining who can file
lawsuits. Understanding who qualifies will enable families to seek compensation
and justice.
The wrongful death attorneys at DFW Injury Lawyers and other top law firms can offer guidance
on who has legal standing to file a lawsuit. Knowing your rights is crucial if
you have lost a loved one and believe negligence was involved.
The following is a list of eligible parties who can file a
wrongful death case.
1. Surviving Spouse
Usually, the first individual qualified to file a wrongful
death claim is a surviving spouse. They can seek financial support, emotional
distress, and compensation for lost companionship. Other family members might
be next in line to file a lawsuit if there is no surviving spouse.
2. Children of the Deceased
Oftentimes, the biological and adoptive children of the
deceased have the right to file a wrongful death lawsuit. They can seek damages
for lost financial security, guidance, and parental support. Should minors be
involved, a guardian may have to represent their interests in court.
3. Parents of the Deceased
Should the dead be single and without children, the parents
may be entitled to file a lawsuit. This is particularly common when the victim
is a young adult or a minor. Parents may pursue damages for both financial
losses related to the death of their child and emotional distress.
4. Siblings of the Deceased
Certain states might let brothers and sisters of the
deceased be eligible to file a wrongful death lawsuit. Should there be no
living parents, children, or surviving spouses, this is more likely. Siblings
can seek compensation for emotional suffering and lost familial support.
5. Financial Dependents
Those who were financially dependent on the deceased, such
as longtime companions or domestic partners, might be entitled to claim
something. Courts decide eligibility based on the degree of dependency.
Usually, these situations call for proof of financial dependence on the
deceased.
6. Personal Representative of the Estate
Certain states allow only the personal representative of the estate to file a wrongful death claim. Legal matters
on behalf of the deceased's beneficiaries are the responsibilities of this said
person. Usually going to the estate, any compensation awarded follows the will
or state legislation and is divided among heirs.
7. Grandparents and Extended Family
If no closer relatives exist, some states allow
grandparents, aunts, uncles, or other extended family members to file a claim.
Though less common, these cases do arise in specific circumstances. Reviewing
the family relationship, courts will ascertain whether the claimant has a
legitimate interest in the matter.
8. Legal Guardians
Should the dead be a minor or in the custody of a legal
guardian, the guardian may be allowed to file a wrongful death lawsuit. This
holds true in cases whereby the guardian bears legal accountability for the
welfare of the child. Compensation
might cover loss of future income as well as burial costs.
