Wrongful death claims are established under state law. That same authority also dictates who is allowed to file a claim for wrongful death. In many states, that eligibility list includes more than just the spouse or partner of the deceased; it can include multiple parties, all of whom feel injured or negatively impacted by the loss of a loved one. The parties also don’t automatically need to be related to each other either. The typically included categories are:
Obviously, with this many potential parties able to file a wrongful death claim for the same deceased person, things can become very complicated quickly. Unresolved claims can cause complications in probate, retirement death benefit distributions, Social Security benefits, and more. And when this kind of confusion occurs, it can take an experienced wrongful death attorney to make sense of the matter and find clarity again.
Technically, any attorney can take on a wrongful death case if licensed by the state bar to practice, but experience makes a big difference in the outcome. Representation by experts in wrongful death litigation, like those at Killian, Davis, Richter & Kraniak PC as well as similar law firms stands out, both in their knowledge and practice, including being recognized by the local court system for the specialization in the matter. That kind of depth can avoid technical problems with local court rules and procedural pitfalls, and it can also help with proactively reaching out to other parties to find common ground.
The passing of a loved one will always be disruptive. It doesn’t need to be made even more complicated by competing legal wrangling to hold the party responsible for wrongful death. An experienced attorney team can be extremely helpful in arriving at a coordinated approach toward pursuing accountability, especially when the harm has affected multiple eligible parties.
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