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Filing a Wrongful Death Complaint

Who Collects the Award for Damages at the Close of a Wrongful Death Suit?

As with all specific factors regarding a wrongful death suit, states vary on who can collect in a wrongful death case. Most states allow children and spouses of the deceased to collect and some states also allow parents of deceased children to collect. A personal representative of the estate is allowed to file a wrongful death suit in order to collect payments for medical and funeral expenses which would be paid out of the estate.


Wrongful death occurs when an individual is fatally injured due to misconduct or through the negligence of another person, company, or entity. In such cases, immediate family members, including parents, spouses, and children, are almost always eligible to file the claim. Minors who are filing a claim may need an adult guardian to take the wrongful death lawsuit to court. Some states also permit additional family members, such as stepparents, grandparents, and dependents, to file suit.

Types of Wrongful Death

Although wrongful death is most often caused by doctor negligence, it can also be a direct result of reckless behavior, reckless driving, dental malpractice, product malfunction, unsafe premises, or sport related accidents. Whether a drunk driver killed a family member, your spouse died due to medical malpractice, or your child was killed on unsafe playground premises, the loss of your loved was caused by another person, which can be held accountable in court.


In addition to the severe emotional trauma caused by a sudden death, there are other factors that weigh heavily on the shoulders of the dependents. If an injustice has occurred, grief may be prolonged. Anticipated earnings until the expected time of retirement, as well as medical bills and other expenses, is an issue which needs to be addressed. Our attorneys will fight for your family's rights in court.

Speak with an Experience Attorney

Within the tragedy of a wrongful death, a family may find some compensation for their loss. Those monetary awards can never replace the loss of a loved one, but they can help to ease the burden of continuing on without them. These can be complicated cases to pursue, so a skilled attorney who can compile the necessary evidence and call effective experts to testify can make all the difference in winning or losing such a lawsuit. Speak with a local attorney experienced in wrongful death claims and get the compensation that you deserve.