Losing a loved one because of someone else’s actions is one of the hardest challenges a family can face. When a wrongful death occurs, the law provides certain family members with the ability to bring a claim for damages. Attorneys such as our friends at Cohen & Cohen know that for victims, these cases are not just about financial recovery—they also help hold the responsible party accountable. Understanding who can file and how to file a claim is incredibly important.
Immediate Family Members
In most states, the closest family members are given the right to file first. This usually includes spouses, children, and parents of the deceased. A surviving spouse may file on behalf of themselves and their children, while children may file if the spouse is no longer living. Parents are generally allowed to file if the victim was an unmarried minor or adult child without a spouse or children of their own. A personal injury lawyer can help you understand the laws that apply to your case.
Extended Family In Some Cases
If immediate family members are not available, courts may allow other relatives such as siblings, grandparents, or even financially dependent individuals to file. The availability of this option varies by jurisdiction, so it is important to review the laws in the state where the claim is being filed.
Personal Representatives Of The Estate
In many states, the personal representative of the deceased’s estate is the one who formally brings the wrongful death lawsuit. The representative acts on behalf of the surviving family members and beneficiaries. The damages awarded, if any, are then distributed according to the estate plan or state law if no will exists. A wrongful death lawyer helps ensure that all damages are awarded fairly and correctly.
Dependents And Financial Partners
In some situations, individuals who were financially dependent on the deceased may have the right to pursue a wrongful death claim. This may include domestic partners or those who can show that they relied on the deceased for financial support. These cases can become more complicated, which is why guidance from an experienced lawyer is often valuable.
The Importance Of Acting Promptly
Each state sets its own statute of limitations, which is the deadline for filing a wrongful death claim. Missing this deadline usually means losing the right to pursue compensation altogether. Acting quickly also helps preserve evidence, witness testimony, and other critical details.
Discuss Your Case With An Attorney
Wrongful death claims are deeply personal, but they also involve important legal rules about who may step forward. Spouses, children, parents, personal representatives, and in some cases extended family or dependents may have the right to file. Since every situation is different, consulting with a qualified attorney can help families understand their options and protect their rights.
If your family is facing this difficult situation, seeking legal advice can provide clarity on the steps ahead. Contact an attorney today and take a crucial step towards justice and healing after the unfortunate death of a loved one.