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Who is eligible to file a wrongful death claim?

On Behalf of | Jul 12, 2018 | Wrongful Death |

When a loved one dies in a tragic accident that was the result of the negligence or recklessness of another person, the family members left behind might want to do something about the situation. Feeling angry and wanting revenge is perfectly normal, but everyone needs to remain calm and think carefully about how they are going to handle the situation. This might not be easy, but you will find that it helps you make an informed decision.

One option that might be possible is filing a wrongful death claim. Not just anyone can do this, so you have to make sure that you are eligible to file if you are interested in taking action in this manner.

Who can file a wrongful death claim?

Typically, the spouse of the person who died will be the one who is going to file the claim. There is also the chance that the personal representative over the decedent’s estate will file the claim. It is also possible that children, parents or other close family members might file. The circumstances of the case and the impacts that the decedent’s death has on the filer can determine if a person is eligible to file or not.

What criteria might be considered?

One of the primary things that has to be considered is what type of financial impact the death had on the person who is filing. There has to be some sort of financial damage, such as loss of income, that has to be present in all of these cases. Reviewing the specifics of a case can help to determine eligibility.



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