28 Sep Who May Be Eligible to File a Wrongful Death Claim?
Family relationships can matter in ways people may not expect after a wrongful death. A spouse may have one role, a child another, and a parent or other relative different rights under the law. The person handling the estate can also have a separate legal role. Who can file a wrongful death claim is not decided simply by asking who was closest to the person who died — the answer can depend on the relationship, the surviving family members, and the rules that apply to the case. According to Cornell Law School's Legal Information Institute, wrongful death statutes vary significantly by state in terms of which family members are eligible to bring a claim, the order of priority among them, and what damages may be recoverable — which is why eligibility can differ considerably from one family situation to another.
