To bring a wrongful death claim on behalf of your loved one, you must first prove that your loved one lost their life because of another person's negligence, medical malpractice, or intentional acts. You are also required to prove that had your loved one lived, they would have been entitled to compensation in a personal injury claim.
Not everyone is allowed to bring a Wrongful Death claim on behalf of their loved ones. There is an order of who can bring a wrongful death claim.
- It is the right of the decedent's spouse to bring the claim.
- If the decedent wasn't married, their children can bring the claim.
- If the decedent had no children, the right to bring a claim goes to the surviving next of kin.
- If there is no surviving next of kin, the personal representative of the decedent's estate will bring the claim.
- If for any reason the decedent was a dependent of their parents at the time death, their parents may bring the Wrongful Death claim.