Who Can File a Wrongful Death Lawsuit?

Wrongful Death

The death of a loved one is tragic and can leave a lasting impact on all those left behind. When a person dies due to someone else's negligence or intentional wrongdoing, this is known as wrongful death. In such cases, family members or dependents of the deceased are entitled to file a wrongful death lawsuit. However, not everyone can file such a lawsuit.

1. Immediate Family Members

Immediate family members are the first individuals who can file a wrongful death lawsuit. This includes spouses, children, and parents of the deceased. If the dead are unmarried and have no children, then their parents can file a lawsuit. The purpose of allowing immediate family members to file the case is to ensure that those who were most directly affected by the death of the loved one can receive compensation for their loss.

2. Financial Dependents

Another party who can file a wrongful death lawsuit is a financial dependent. This includes individuals who were financially dependent on the deceased at their death. For instance, if the deceased was supporting a family member through financial assistance, that family member can file a wrongful death lawsuit. This can also include business partners or individuals financially dependent on the deceased.

3. Representatives of the Deceased's Estate

If there are no immediate family members or financial dependents of the deceased, then the representative of the deceased's estate can file a wrongful death lawsuit. The court can appoint a representative if there is no will or the will does not specify a representative. The representative can also be an individual named in the will.

4. Parents of a Deceased Fetus

If a fetus dies before reaching full term, then wrongful death laws only apply in some states. Generally, parents of a deceased fetus can file a wrongful death lawsuit in states that recognize fetuses as individuals with rights. The state laws determine whether parents have a legal right to bring a wrongful death lawsuit for a deceased fetus.

Wrongful Death Attorneys in Gulfport, MS

If you've lost a loved one due to someone else's negligence or intentional harm, Gulf South Law Firm is here to help. Our experienced wrongful death attorneys in Gulfport, MS, are dedicated to helping you navigate this difficult time and fight for the compensation you deserve. Contact us today at (228) 231-3989 to schedule a free consultation and learn more about how we can assist you.

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