Who Can File a Wrongful Death Lawsuit?
The first person that can bring a claim on behalf of the wrongful death is a surviving spouse. The surviving spouse can bring a claim, and also the surviving minor children for loss of companionship, support variety of things. Now, if there's no surviving spouse, all the children can bring a claim for wrongful death.
Now, if there's no surviving children, no surviving spouse, then the parents can bring a claim on behalf of their adult child that was killed, and if it's a minor child that was killed, the parents can obviously bring a claim on behalf of that child. That would be with respect to survivors.
Now, with respect to the estate, the estate can bring a claim for medical bills incurred, funeral expenses things of that nature but really, all of these would be done and filed by the personal representative. The estate would be opened, the person representing will be assigned, that likely will be a family member, and they will handle not only the claim on behalf of the estate but also the claim on behalf of the survivors.