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The loss of a loved one due to the negligence of someone else is an immense tragedy. A wrongful death lawsuit gives certain individuals, such as the surviving spouse, children, and parents, a chance to recover their losses.
If you are planning to file a lawsuit, a wrongful death attorney from DFW Injury Lawyers can help you understand the legal process. Lawyers can walk you through the legal process, advocate for your case with care, and seek the justice and compensation you deserve.
And before that, you first know whether you are eligible to file a wrongful death lawsuit. Here, we will discuss the parties who are eligible:
Immediate Family Members
- Surviving Spouse or Domestic Partner: Typically, the living spouse or registered domestic partner has the fundamental right to file a wrongful death claim. The right acknowledges the massive emotional and financial loss. They could also be entitled to compensation for loss of companionship and financial support, which will allow them to cope with the initial shock of the tragedy.
- Children: Adopted or biological children of the victim may also pursue a wrongful death suit. Even adult children or stepchildren in some jurisdictions can be included, especially if they are economically dependent upon the victim. This gives the victim’s children a right to claim justice and compensation for the loss, especially if they relied on their parents economically.
- Parents: If the decedent was unmarried and childless, parents are entitled to make a claim for wrongful death. This serves to safeguard those taking care and support so that they can recover from their loss. In some cases, parents will also qualify for damages for the emotional distress and loss of counsel their child would have inflicted.
Extended Family Members
In certain situations, more distant relatives like grandparents, siblings, or other kin can pursue a wrongful death claim, especially where they can show economic dependence or a close relationship with the deceased. But this availability rests largely on the jurisdiction.
Financial Dependents
Individuals who were not legally related to the deceased but were economically dependent could also have grounds to bring a wrongful death. These individuals may include cohabitants, close friends, or other individuals who were economically dependent upon the deceased.
Personal Representatives
In the absence of eligible family members, the personal representative or executor of the deceased’s estate may file a wrongful death lawsuit. The representative acts on behalf of the estate and distributes any recovered damages according to the deceased’s will or state laws.
Jurisdictional Variations
It’s essential to recognize that wrongful death laws differ by state and country. Some jurisdictions have specific statutes detailing who can file a claim and under what circumstances. For instance, certain states may prioritize spouses and children, while others might extend eligibility to more distant relatives or financial dependents.
Conclusion
Determining eligibility to file a wrongful death lawsuit is complex and heavily dependent on local laws. If you believe you may have the right to file such a claim , it’s advisable to consult with a wrongful death attorney. They can assess your specific situation, guide you through the legal process, and help you understand your rights and options.