When a person dies due to being involved in an accident, or due to medical malpractice, then the family can file a wrongful death lawsuit. State laws on who can file a wrongful death lawsuit may vary. Some states allow relatives to sue, while others only allow the spouse of the child of the deceased.
A lot of people die due to different types of accidents and their families may want to file a lawsuit. Portland wrongful death attorney is the best choice for people who want to consult about filing a wrongful death lawsuit.
But who can file a wrongful death lawsuit? Here are some of the people who can file a wrongful death lawsuit.
- Surviving Spouse
The first person who has the right to file a wrongful death lawsuit is the spouse of the person who lost their life. In case the spouse is not legally competent, for example, if the person suffers from a disease and is incompetent to file the lawsuit, then the court could deny the spouse’s right to file a lawsuit.
If the spouse and the deceased were in the middle of a divorce or were separated at the time when the tragedy happened, then the spouse would not be able to file a lawsuit.
- The Deceased’s Child
The second person who has the right to file the wrongful death complaint is the child. If the child is a minor, the court will have to appoint them a guardian. The guardian’s job is to help them with the lawsuit.
The child will not need a guardian if they are above 18 years old. They will be able to file a wrongful death lawsuit with the help of a lawyer.
- Stepchildren and Adopted Children
Even stepchildren and adopted children have the same rights as the person’s blood-related children. They additionally have the right to file a wrongful demise lawsuit. They have the right to seek compensation for financial losses, such as loss of support and potential inheritance.
- The Deceased’s parents
The parent of the deceased can also file a wrongful death lawsuit. If the person had no spouse and no children, then the only people who can file a lawsuit are the parents. If the deceased person is a minor and the parents are divorced, then the person who had custody can sue.
- Executor or Executrix
In some cases, an executor or executrix can file the lawsuit. The executor or executrix is the person who was appointed as the successor in the deceased person’s will. They have the full right to file a lawsuit, on behalf of the estate that was left to them by the deceased.
- Administrator or Administratrix
If the deceased person dies without leaving a will, then anyone has the right to submit a request to the court to be appointed as the administrator or administratrix of the estate. Then that person will have the right to file the lawsuit. If several people apply for the position, then the court has the right to choose who to appoint.
- Brothers and Sisters
If the deceased was not married and had no children, then the parents could file a lawsuit. In case the parents are also dead, then that right goes to the person’s siblings.
Usually, if the decedent has no living spouse, children or parents, the right goes to the next in line, which is siblings.
- Financial Dependents
In case when the deceased has nobody living left, but has a financially dependent person or a person to whom he or she has been financially helping, that person will have the full right to file a wrongful death lawsuit.
- Legal Guardians
Legal guardians are also people who have the right to file a wrongful death lawsuit. If the deceased was a minor or even an adult under legal guardianship, then the guardian has the full right to file a wrongful death lawsuit and sue for damages.
Unfortunately, the rights of the legal guardians may vary by state, as well as the whole process. It’s very important to consult with someone who knows or is a wrongful death attorney to understand the rights.
Final Thoughts
The laws about who can file a wrongful death lawsuit can vary. The whole process can be very long and complex. It’s important to know the law and what can the family of the deceased do.
