Who Can Sue For Wrongful Death

The issue as to who can sue for wrongful death is one that is dependent not only on the circumstances, but also on the law of the jurisdiction in which the wrongful death occurred. In most states, the personal representative of the decedent's estate is responsible for bringing the wrongful death action for the benefit of the decedent's heirs and/or beneficiaries, as any proceeds from the suit technically belong to the decedent's estate. However, since the proceeds of a wrongful death action are likely to benefit the immediate family members of the decedent, the action is brought by immediate family members under other states' laws, although it is likely in many cases that the personal representative is an immediate family member of the decedent. In other situations, where there is no estate of the decedent or named personal representative, and there are no surviving immediate family members, it is possible under some state's laws that a legal guardian and/or more distant relative would be qualified to file a wrongful death suit, as well.

Fast Facts

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