Who Is Eligible To File A Wrongful Death Claim?

If you have lost a loved one in an accident, filing a wrongful death claim may not be the first thing on your mind as the difficult grieving process begins. However, as you and your family members attempt to get back to the activities of normal life, you may realize the necessity of filing a claim to help you deal with the emotional and financial burdens left behind by your loved one’s absence. An attorney from Maloney-Lyons, LLC can help you with the process of filing a claim and work to ensure you receive much-needed justice for your loss.

Family First

One of the first questions that may arise is who is eligible to file this claim. If the person that passed away left behind a will that named an executor of his or her estate, then that appointed representative is eligible to file the claim on behalf of the estate. However, if no will is present, close family members are permitted to take on this responsibility. Typically, the surviving spouse, children, parents and siblings will file the lawsuit, but in some cases, grandparents, aunts, uncles, and cousins are even permitted to file a wrongful death claim.

Other Eligible Parties

The party filing the wrongful death claim does not always have to be an actual person. If the executor listed in the deceased person’s will is a business entity or the estate was managed by a trust company or a bank, one of these parties may also be eligible to file the claim. For more information about who can file a wrongful death claim, call (800) 809-3669 today to schedule a FREE consultation with an attorney from Maloney-Lyons, LLC