Who Can Bring a Wrongful Death Claim?

Being a part of the wrongful death of someone close you to is a difficult situation to deal with. While no money can bring someone back, the financial burden of someone’s passing can be lessened through a wrongful death lawsuit. The circumstances behind such a case can seem simple, though it takes an understanding of what it is and how to file one that is important.

One of the most common questions when considering a wrongful death claim is, who can file for one? The simple answer is that the estate of the deceased must be the one to file the suit. Who exactly this is however can vary from state to state and depends somewhat on the circumstances of one’s will.

In every state, the surviving spouse may bring a wrongful death claim. The same applies for parents of deceased minors and children of deceased parents, if the child in this case is a minor. The variance between states begins with whether or not parents can file on behalf of adult children, and vice versa, and other close relatives. If one’s will designates someone as the head of their estate, they may also file the wrongful death claim. In the state of Florida, any surviving child or parent may file, as well as any blood relative or adoptive sibling if at least partial financial dependence on the deceased can at least be proven.

If you are in the midst of a wrongful death claim and meet the criteria to file, it is always a good decision to have an attorney on your side that is experienced and well-versed in personal injury law. To learn about how we at the Franco Law Firm can serve you in this capacity and to schedule a free consultation, please call us at (813) 872-0929.