A Wrongful Death Claim: Who Can File?

June 13th, 2016 by Patrick Hogan

When a death occurs due to negligence, a wrongful death claim may exist. This type of claim may involve anything from medical malpractice to fatal accidents to product liability. A person, governmental agency, and company can all be held liable for negligent acts. In order for a claim to be filed, any survivor who suffered due to the death will have to do so. The following people can file a claim in a wrongful death case:

Immediate family members. Spouses, children, and parents of an unmarried child may file a claim and recover damages under wrongful death actions.

Other family members. Some states have laws that allow family members, such as siblings and grandparents to recover damages in a wrongful death suit.

Putative spouses, financial dependents, and life partners. A putative spouse, one who believes to be married in good faith, a life partner, or anyone that may be financially dependent on the deceased has a right to file a claim.

Anyone who has suffered financially. In some states, any person who suffers financially due to the action can bring a case for support or lost care. This person doesn’t have to be related by either blood or marriage.

Parents who have lost a baby. A fetus’ death can be cause for a wrongful death case in certain states. In these states, parents are able to bring an action to recover for the losses, both emotional and financial, they have suffered due to the death of a fetus. Some states only allow this if the baby was born alive and died soon after.

In conclusion, if someone in your life has passed because of negligence, please don’t hesitate to contact us. We would love to help you through this tough time.

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