Who Can File a Wrongful Death Claim?
When a loved one dies due to someone else’s actions or negligence, it is completely understandable that the individual’s family will want to hold the responsible parties liable. But who has the ability to file a wrongful death claim?
Generally, a single representative must initiate these claims, and do so on behalf of the survivors of the decedent. The representative who files the claim is usually the executive of the deceased person’s estate. However, more people than just the representative may recover damages in a successful wrongful death claim. These include the following:
- Immediate family members. Spouses, children and parents of unmarried children all have the ability to recover through wrongful death claims in all states. They take top priority in recovering compensation.
- Life partners, putative spouses and financial dependents. Any individuals who can prove they were financial dependents of the victim, or that there was a “good faith belief” that they were married to that victim, could recover compensation.
- Distant/extended family members. Brothers, sisters, nieces, nephews and grandparents all could have the ability to recover in a wrongful death claim, depending on the circumstances. For example, a grandparent who was raising a child who passed away could receive compensation in a successful claim.
- Anyone who suffers financially. If individuals can prove that they will somehow suffer financial difficulties as a result of the victim’s death, they could potentially recover damages in a wrongful death claim.
Meet with a compassionate Tampa wrongful death attorney at the Matassini Law Firm, P.A. for more information on your rights and options when you need to take legal action after the passing of someone close to you. Call us at 813.379.2007 or contact us online to schedule your free initial consultation today.