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Who Can File A Wrongful Death Lawsuit?

Wrongful death includes the passing of somebody due to another individual or business’s intentional or negligent conduct. The bereaved family must file a wrongful death case in civil court if the deceased died due to an accident. In most states, the following can file for a wrongful death lawsuit:


The majority of states allow surviving spouses to file wrongful death claims against their spouse’s estate. Individuals who are officially married and those who meet the criteria for a common-law marriage are included. There must be an agreement to be married, living together as spouses, and representing to others that they had been married for a common-law marriage lawful in the authorities’ view.

Whenever a couple has split up, is divorcing, or has just finalized their divorce, problems tend to develop. Even if a couple is divorcing or separated, they can still work with a wrongful death attorney to file a lawsuit. Even when the remaining spouse remarries just after the demise of the first spouse, this is still permitted. Wrongful death lawsuits cannot be claimed by ex-spouses who divorced before the deceased person died.


There are no exceptions for stepparents, foster parents, or adoptive parents. If the child’s exclusive guardian they may be able to speak with a wrongful death attorney. If a person’s name does not appear on the birth certificate, it may raise doubts about their parentage. Those who have lost a son or daughter, but haven’t been able to verify their paternity, should contact a wrongful death attorney right away. Before initiating a wrongful death claim, you may have to show that you are the child’s legal guardian.


A decedent’s adult children can bring wrongful death lawsuits. This applies to children who are biological or who have been adopted. The right to pursue a wrongful death claim by any minor children of the deceased continues until they reach the legal age to do so, and a criminal death attorney can be an excellent asset.

Whenever you want to file a wrongful death lawsuit, turn to Robert J. DeBry & Associates for the excellent representation you deserve.


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