According to the Centers for Disease Control and Prevention (CDC), unintentional injuries are the third leading cause of death for Americans each year. When someone is killed due to another person’s negligent or careless actions, the victim’s family or personal representative has the right to file a wrongful death lawsuit in order to potentially recover damages on behalf of their lost loved one.

Every state has its own set of laws regarding wrongful death claims and who can file them. In Florida, for example, if the decedent left a will, the personal representative or executor of the deceased’s estate can file a wrongful death lawsuit on behalf of surviving family members.

Who Can File a Wrongful Death Lawsuit?

Although each state has its own set of laws regarding wrongful death lawsuits, every state does allow a wrongful death claim to be filed by the victim’s immediate family or personal representative.

In most wrongful death cases, the victim’s surviving spouse is the one to file a claim. When there is no surviving spouse, an adult child can file a lawsuit. If the victim was a minor, the child’s parents would typically be the ones to bring forth a claim. Some states also allow domestic partners to file on behalf of their lost loved one, and in the case the victim was unmarried, siblings, grandparents, or other relatives may be able to file a lawsuit.

Can I File a Lawsuit if the Wrongful Death Victim Left a Will?

Filing a wrongful death claim can become more complicated when the victim had a will. Whether or not a victim had a will can affect the right of individuals to file a wrongful death lawsuit. In most cases where the victim leaves a will, the court will appoint a personal representative or executor to manage the estate. In most states, only the personal representative or executor of the will can bring a wrongful death claim on behalf of the victim.

If you lost a loved one and you feel you may have grounds to file a wrongful death lawsuit, it is important to seek legal counsel that understands the complexities of wrongful death and personal injury law and who will fight to protect your rights. While no amount of money can make the loss of a loved one okay, it can help to ease financial strains during this troubling time.

Why Choose The Ferraro Law Firm?

When faced with the unexpected loss of a loved one, you need a wrongful death attorney who is experienced in these kinds of cases and who will fight tirelessly to achieve justice on behalf of your lost loved one. The wrongful death lawyers at The Ferraro Law Firm have years of experience defending the rights of families just like yours and have recovered billions on behalf of victims. Contact us today to schedule a free legal consultation to learn more.