Law

Who Can File a Wrongful Death Claim?

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A wrongful death claim can be brought by the surviving family members of a deceased person. There are specific circumstances in which a wrongful death claim can be filed. The statute enumerates these circumstances. Regardless of the circumstances, it is important to retain an experienced attorney if you want to file a wrongful death claim. After all, this type of claim is one of the most complex and emotional claims you can file. Find Out – demerathlawoffice.com

How to Know – Who Can File a Wrongful Death Claim?

In addition to the surviving family members, there are several other parties who can bring a wrongful death action. For example, a spouse or other life partner can file a wrongful death claim on behalf of their deceased spouse. And if a minor dies due to a wrongful act, a parent or other guardian may file a wrongful death claim for their child. However, some states disagree on whether a spouse or adult children are eligible to file a wrongful death claim.

A wrongful death lawsuit can be filed if someone’s actions or inactions caused the victim’s death. The burden of proof for this type of claim is significantly lower than in a criminal case. State statutes also dictate the amount of damages and who may benefit from a wrongful death lawsuit. In some states, a parent or family member of the deceased person can file a wrongful death lawsuit, even if the surviving family member is facing criminal charges.