« All FAQ About Fatal Accidents

Who can file a wrongful death lawsuit after a fatal accident?

Losing a loved one in a fatal accident can be an overwhelming and devastating experience. It is even more difficult when the accident was caused by the negligence or misconduct of another person or party. In such cases, the family members of the deceased may have the right to file a wrongful death lawsuit to seek compensation for their losses.

So, who can file a wrongful death lawsuit after a fatal accident? The answer to this question may vary depending on the specific circumstances of the case, but generally, the following parties may have the legal standing to file a wrongful death lawsuit:

  • Spouse or domestic partner: If the deceased person was married or in a registered domestic partnership at the time of their death, their spouse or partner may have the right to file a wrongful death claim.
  • Children: If the deceased person had children, their children may have the right to file a wrongful death claim, even if they are minors or not financially dependent on the deceased.
  • Parents: If the deceased person was unmarried and had no children, their parents may have the right to file a wrongful death claim.
  • Personal representative: If none of the above parties are available or willing to file a wrongful death claim, the personal representative of the deceased person’s estate may have the right to do so on behalf of the estate and its beneficiaries.

It’s important to note that the laws governing wrongful death claims vary from state to state, and some states may have different rules regarding who can file a claim. That’s why it’s always best to consult with an experienced personal injury attorney to get more accurate information about your specific case.

At The Ruth Law Team, we understand how difficult it can be to cope with the loss of a loved one, especially when it was caused by someone else’s negligence. Our experienced personal injury attorneys are here to help you navigate the legal process and fight for the compensation you deserve. If you have lost a loved one in a fatal accident and are considering filing a wrongful death lawsuit, please don’t hesitate to contact us at (888) 783-8378 to speak with an attorney.

You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers to each question may vary depending on the specific facts of your case, and it is always best to consult with an attorney to get more accurate information. Also, this is general information and not legal advice.

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