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Who Can File a Wrongful Death Lawsuit?

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Losing a loved one is an incredibly challenging experience that can be made even harder when the death is due to someone else’s negligence. In cases like these, families may wonder if they can file a wrongful death lawsuit to hold the person responsible for their loved one’s death accountable.

1. Immediate Family Members

In most cases, immediate family members such as spouses or children can file a wrongful death lawsuit. This includes biological and adopted children, as well as stepchildren. Any spouse, whether they were legally married or not, has the right to file a wrongful death lawsuit. In some states, parents may also be eligible to file a wrongful death lawsuit if their child suffered a wrongful death.

2. Financial Dependents

In some cases, those who were financially dependent on the deceased may be eligible to file a wrongful death lawsuit. This includes anyone who relied on the deceased for financial support, such as elderly parents or a partner who was financially dependent on the deceased. Whether or not someone is eligible to file as a financial dependent can vary by state, so be sure to speak with a lawyer to understand your options.

3. Representatives of the Estate

If there are no immediate family members or financial dependents, a representative of the estate may be able to file a wrongful death lawsuit. The representative may be named in the deceased person’s will or appointed by the court. The representative’s job is to help manage the deceased’s assets and finances, including any legal action that may need to be taken on their behalf.

4. Criminal Cases

In some cases, a wrongful death suit may arise from a criminal case. For example, if someone is convicted of manslaughter or murder for causing the death of another, the family of the deceased can file a wrongful death lawsuit in civil court. Even if criminal charges are being filed, it is important to speak with a lawyer to explore all of your legal options.

Nashville Wrongful Death Attorney

At The Law Office of Stanley A. Davis, we understand the pain and confusion that accompanies the loss of a loved one. Our experienced team is dedicated to helping you understand your legal rights and guide you through filing a wrongful death lawsuit. Contact us today at (615) 866-3938 to schedule a consultation, and let us fight for the justice and compensation you deserve.

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