WHO CAN BRING A WRONGFUL DEATH ACTION?
The personal representative must seek recovery for the claims of the estate and each individual survivor. All of the survivors and the decedent’s estate seeking recovery in the wrongful death action must be identified in the complaint and their relationships must be alleged. Individuals generally who may be entitled to claim damages for the loss of a loved one, would be the decedent’s spouse, children of the decedent, parent’s of a deceased child under 25 (however if the child was over 25, they can only recover if there were no other survivors), adopted children, children born out of wedlock of a mother but not a father, a posthumous child (a child who is unborn at the time of the parent’s death) and decedent’s blood relatives and siblings.
