If one of your parents was recently killed by the actions of another person, words cannot express how much you probably have on your mind right now. Naturally, you will probably want to pursue some legal action to be compensated for both yours and your loved one’s losses. However, you probably have many questions about how such a lawsuit would work. The proper type of lawsuit is a wrongful death lawsuit, but who is allowed to file one? It is very common for people in your situation to wonder if heirs are allowed to file a wrongful death lawsuit.
Can Heirs File?
The exact list of people who can file a wrongful death lawsuit varies from state to state. Adult children of the victim are among the people who can always file, though, regardless of which state you are filing in. If you are a minor child of the victim, then you need to research how your state handles your case. The best way to get this information is to speak with a wrongful death attorney, like a wrongful death attorney in Lakeland, FL.
Who Else Can File?
In general, the only other people who are allowed to file a wrongful death lawsuit on behalf of their deceased loved one are:
- Spouses
- Parents
- Siblings
- Extended family
Of these, only spouses are always allowed to file. Additionally, parents are always allowed to file if their child was a minor at the time of his or her death. If their child was an adult, then it is only allowed in certain states. Finally, siblings and extended family members are only valid plaintiffs in certain states.
Speak with an Attorney
Additionally, it is important to note which state you will file with. If you lived in the same state as the victim, then you probably do not need to worry about it. You need to file a lawsuit with the state in which the wrongful death occurred. If you, the defendant, or the victim live in a different state than the one where the incident occurred, then this is just one more thing to keep in mind.
There are a huge number of different factors for you to track before you can file a wrongful death lawsuit. For this reason, you should always trust an attorney to help you from the very beginning. The earlier you hire an attorney to help you file, the more likely it is that everything will be successful, from properly filing the lawsuit to presenting the evidence and winning the case.
Thanks to David & Philpot, PL for their insight into who can file a wrongful death lawsuit due to a loved one’s death.