The surviving spouse is not the only person who can settle a wrongful death claim, make a claim, and does not have to be the main person to manage a wrongful death claim. The people who can claim wrongful death are usually the surviving spouse, children of the decedent, or any personal representatives (such as attorneys or estate administrators) of the decedent.
Who Settles the Case in a Wrongful Death Claim?
The surviving spouse’s settlement will be binding on any beneficiaries of the wrongful death settlement. This is because the person who dies has a claim to recover compensation from someone who wrongfully killed that individual. In this case, the surviving spouse then stands in the shoes of the person who dies and picks up the torch of the lawsuit for wrongful death.
What If the Surviving Spouse Dies Too Before a Wrongful Death Claim is Adjudicated?
It is unusual, but there are many cases where the surviving spouse to a wrongful death claim also dies before the lawsuit can be adjudicated at court or settled. The representative or attorney in those cases who step in to manage the case has a fiduciary duty to act and manage the case accordingly to protect the interests of the children (young or adult) in those cases.
Many states have statutes and laws that allow the spouse and close family members to recover punitive damages for horrific conditions related to a wrongful death claim. There can be different laws that will apply depending on the circumstances. Suppose the survivors of the decedent can bring an action for highly negligent situations at the hands of others that result in the death of their loved one. In that case, the survivors may find courts allow the decedent’s estate to recover those damages at law. Some states have a wrongful death act, and others might have a survival act.
Need Help For Your Wrongful Death Claim?
When you are suffering from a severe injury that has come as the result of a wrongful death that resulted from a fatal accident, give us a call at the CEO Lawyer Personal Injury Law Firm. Our injury and accident attorneys are here for you and will help you get the recovery you deserve. We will give you peace of mind to know that your concerns are being heard, and we will get you the compensation that you should have as a result of being injured from the wrongful actions of other parties. Just give us a call today at (470) 323-8779 right now.
