There are numerous legal issues that do not exist in white or black; they come in shades of gray. Wrongful death is one of those issues. Not illness, homicide, or suicide, but rather death from negligence or accidents.
It’s normal to want justice when you lose a loved one due to an intentional action or someone’s negligence. However, while the deceased may have many close family members and friends, only a few people can take legal action.
There are strict rules on who can file a claim, as there’s no way the victim can file a wrongful death claim.
With the help of an informed wrongful death attorney, you can
- Understand wrongful death claims
- Know who is qualified to file a claim
- Know how the process works
- Know when to file a claim
Your lawyer will carry out thorough investigations and lead you through the process from the beginning to the end.
The main purpose of a wrongful death case is for the affected family to get compensation for their loss. Understanding the eligibility criteria and who can file a lawsuit is important.
This article will provide well-detailed information on wrongful death cases, ensuring you know your options and rights during this challenging period.
Parties That Are Eligible to File a Wrongful Death Case
Losing a loved one or family member can be a painful experience. However, not everybody is eligible to file a case. Eligibility to file a lawsuit involving wrongful death varies from state to state.
However, only close family members or specific legal representatives are legally allowed to file a case. Here are the key parties that are qualified to file such a lawsuit.
1. Surviving Spouse or Domestic Partner
If the victim was legally married, their spouse can file a wrongful death claim. It also applies to domestic partners who are registered. Spouses and domestic partners are categorized as the first surviving family members with the right to file a lawsuit.
If you’re in this category, it’s important to understand your rights and consult a knowledgeable wrongful death lawyer who can guide you through the legal process.
2. Children
In the absence of a domestic partner or surviving spouse, the children of the deceased have the right to file a wrongful death case.
This includes adopted children, biological children, and stepchildren. However, note that the laws regarding the eligibility of the children differ from state to state.
3. Parents of the Deceased
If someone dies because of someone else’s mistake, the parents of the person who died can file a wrongful death claim. This can happen if the person who passed away didn’t have a spouse, children, or a partner.
It doesn’t matter if the parents are biological, adoptive, or sometimes even foster parents; they can still take legal action. This claim helps the parents get money to cover things like funeral costs, medical bills, and the pain of losing their child.
Losing a child is one of the hardest things a parent can go through. It’s not just about the emotional pain but also losing the support and love their child would have given them in the future.
Even though no amount of money can bring back their child, filing a wrongful death claim can help parents financially and hold the responsible person accountable.
4. Personal Representative or Executor
In situations where none of the above parties are willing or available to file a wrongful death case, the responsibility falls upon the personal representative of the deceased.
The personal representative solely represents the interests of the deceased persons’ beneficiaries and also acts on behalf of the deceased’s estate.
For instance, in most states, the testament and will of the deceased show who the claimant is in a wrongful death lawsuit.
If there’s a testament or a will, then the executor (a person mentioned in the will) is named as the plaintiff. In the absence of a will or testament, the personal representative of the deceased estate is then named the plaintiff.
Final Thoughts
A wrongful death case is a complex legal process that requires a thorough understanding of state laws and eligibility criteria. Consulting with a wrongful death attorney ensures that the claim is filed correctly and that the rights of the family are upheld.
In these challenging times, having the right legal support can make a significant difference in securing justice and compensation for your loss.
WGK Personal Injury Lawyers Baltimore MD
