If someone dies due to another person’s negligence or intentional action, it comes under wrongful death. After the death, a claim is filed against the person who played a role in the decedent’s death. This is a civil remedy to seek justice for the victim’s death. Consulting a personal injury attorney Tacoma helps make the process of filing the claim easier and less stressful.
The purpose of a wrongful claim is to get monetary compensation for the damage and losses incurred by the victim, including medical bills, lost wages, etc. The deceased person’s family is eligible to bring a wrongful death claim to get justice for their loved one.
Immediate family members
The court grants permission for immediate family members, i.e ., direct relatives like parents, to file the claim to seek fair compensation for the loss of their loved one.
Surviving spouse in case of a married decedent.
If the deceased person is legally married, their spouse can file the claim on their behalf. It is to be kept in mind that fiances or other relationships do not get the same privileges in filing the claim. It is necessary for the person filing the claim to be the spouse for it to be considered legal.
In case no one is related to the decedent by marriage, the right to file the claim generally passes to the children. There is an exception to this part as the person filing this claim as the lineal descendant must be an adult. Minors are not allowed by law to file a claim.
Grandchildren or distant relatives.
It is generally not allowed to file a death claim by distant relatives, but if the decedent was a single adult without a spouse or children, the court grants permission to the grandchildren to file a claim. This is allowed if the decedent was their legal guardian or if they were financially dependent on the decedent.
Beneficiaries of the will.
Some states allow any of the beneficiaries mentioned in the will of the deceased person to file a claim on their behalf.
This refers to the person or company responsible for executing the deceased person’s estate as per the will. If no will was written before death, people could apply to the court to be the deceased’s representative.
The loss of a loved one due to negligence or intentional action is a traumatizing experience for anyone to go through. Although the tragedy cannot be undone, filing a wrongful death claim can help in bringing justice to the victim and their surviving family.