Wrongful death actions are some of the most emotionally difficult cases that we handle here at the Arthofer and Tonkin Law Offices. A wrongful death case is, as the name implies, concerning the death of a loved one. A question we often get asked is who can bring a wrongful death case? Just because you know someone who has passed away through the negligence of someone else doesn't mean that you can make a legal claim about that.
You have to stand in an appropriate relationship to the deceased. Now the analysis of who is a proper plaintiff, that's the party who's making the complaint related to the death of another, can be complicated. The outline that I'm about to provide to you in this video is a general outline and it's not legal advice.
It's important that if a loved one has died as a result of someone else's negligence that you contact the Arthofer and Tonkin Law Office for a free consultation and we can help you assess if you're a proper plaintiff and who other people might be that are proper plaintiffs. But in general, if an adult dies and they're married, their spouse is the proper plaintiff. If they have children, they may also be plaintiffs.
If an adult dies and they are not married and they're survived by their parents, typically it's the parent or parents who are the proper party to bring the wrongful death claim. In the event parents are deceased, it may be the siblings of the deceased person who can bring the wrongful death case. If it's a minor who dies, it's typically the parents of the minor who have the right to bring that claim.
The analysis of who is the proper party in a wrongful death case is technical in nature. It's very important to get right. That's why if you find yourself in one of these tragic situations that you need a skilled, experienced attorney with a skilled and experienced team like the one here at Arthofer and Tonkin to help you through this very difficult time.
We can't understand the depth of your loss if you've suffered from a wrongful death action, but we'll walk alongside you as we go through this difficult territory together. We'll help you to get an excellent resolution.
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