Who can file a case for wrongful death?
The stipulations for claiming damages for wrongful death vary from state to state. Typically, the claim is made by the surviving spouse of the deceased. In case the deceased does not have a surviving spouse, his/her children may issue the wrongful death claim. Finally, if the deceased does not have a surviving spouse or children, his/her parents may pursue the claim for wrongful death. In the absence of a surviving spouse, children and parents, a fiduciary is appointed by the Probate Court, who acts as a representative of the decedent’s estate and files a case on his/her behalf. It must be noted that a fiduciary is only appointed by the court if the position is not designated by the deceased in a Will. back to top.
