Wrongful Death
Financial Planning

Who Can Legally Pursue the Expenses Incurred Due to Wrongful Death?

Wrongful death situations are always very emotional, however can be a time full of questions.

Have you ever been able to guess what happens if anyone dies due to the negligence of another person or entity? How can the surviving family member handle the expenses and losses? Who can pursue compensation and justice for the wrongful death of their loved one?

As we all know, wrongful death is a legal term that refers to a circumstance where a person dies as a result of intentional harm, malpractice, or negligence of another person. Wrongful deaths occur for many reasons, such as workplace injuries, medical errors, car crashes, criminal acts, or defective products. 

The surviving family can file a wrongful death claim against the liable party. This family may be able to receive compensation for their harm and losses. However, not everyone can file a claim for wrongful death. Only certain members of the family can claim the settlement amounts for a wrongful death claim. Speak with a lawyer to know whether you are eligible to file a wrongful death case.

Surviving Spouse

According to state law, the surviving spouse is the first person who is eligible to pursue a wrongful death claim. The spouse has the legal right to file on behalf of themselves and their kids. Generally, both the spouse and children can divide the compensation equally. This process can be particularly challenging if they are children from previous marriages or adult children.

When all the surviving children and spouse each have the right to proceed legally, the spouse gets not less than one-third of the total amount. In detail, they can seek compensation for several losses. Such expenses may include burial expenses, medical expenses, loss of financial support, and loss of companionship.

Children of the Deceased Person

Children of a deceased person due to wrongful death can pursue legal action when the decedent is divorced, unmarried, or has no surviving spouse. This means that both minor and adult children can legally appeal the death of a parent. Children may recover damages for loss of parental support, education, affection, and economic support. The distribution of compensation among surviving children may differ based on the situation of the case and state laws.

Surviving Parents

When the child passes away due to the negligence of another party or the wrongful act of another person, the surviving parents can make a wrongful death claim. Surviving parents can seek compensation for companionship, loss of love, funeral expenses, and emotional support. It is important to get legal guidance to understand the legal rights of surviving parents in wrongful death cases.

Personal Representative of the Decedent

The personal representative of the decedent is the person who is appointed by the court to administer the estate of the deceased. The personal representative is also called an administrator or executor. When a deceased person has no children, spouse, or surviving parents, their personal representative can file a case of wrongful death on behalf of the estate.

The estate plan administrator, personal representative, or party named by the probate court can look after the process.

Pursuit of Wrongful Death Related Expenses – Summary

The wrongful death of a family member can impact you emotionally and financially. Based on state law, different categories of surviving family members can have the legal right to file a wrongful death lawsuit against the negligent party.

Suppose you lose a beloved family member due to another’s fault; then you must contact a wrongful death attorney who can provide the right legal advice to get justice and compensation.

0 comments on “Who Can Legally Pursue the Expenses Incurred Due to Wrongful Death?

Leave a Reply

%d bloggers like this: