Who Can File a Wrongful Death Lawsuit?

January 2, 2024

Losing a loved one due to someone else's negligence or intentional actions is a devastating experience. In such cases, filing a wrongful death lawsuit can help you seek justice and compensation for your loss.


However, understanding who can file a wrongful death lawsuit and the eligibility criteria is crucial. In this blog post, we will provide comprehensive information on this topic, ensuring you are aware of your rights and options during this difficult time.

Who Can File a Wrongful Death Lawsuit?

Losing a family member or loved one is undoubtedly a painful experience. However, not everyone is eligible to file a wrongful death lawsuit. Here are the key parties who can typically file such a lawsuit:


Spouse or Domestic Partner

The surviving spouse or domestic partner of the deceased holds the primary right to file a wrongful death lawsuit. This includes legally married spouses and registered domestic partners. If you fall into this category, it is essential to understand your rights and consult with an experienced attorney to navigate the legal process effectively.


Children

In the absence of a surviving spouse or domestic partner, the children of the deceased may have the right to file a wrongful death lawsuit. This includes biological children, adopted children, and stepchildren. However, it's important to note that the laws regarding children's eligibility may vary from state to state.


Parents

If the deceased individual does not have a surviving spouse, domestic partner, or children, the right to file a wrongful death lawsuit may pass to the deceased person's parents. Depending on the circumstances, this includes biological parents, adoptive parents, and sometimes even foster parents.


Personal Representative

In cases where none of the above parties are available or willing to file a wrongful death lawsuit, the responsibility may fall upon the personal representative of the deceased's estate. The personal representative acts on behalf of the estate and represents the interests of the deceased person's beneficiaries.


Understanding the Legal Process of Filing a Wrongful Death Lawsuit

Once you determine your eligibility to file a wrongful death lawsuit, it is crucial to have a clear understanding of the legal process involved. Initiating a lawsuit requires gathering evidence, filing the appropriate legal documents, and navigating complex legal procedures. To ensure you have the best chance of success, consulting with an experienced wrongful death attorney is highly recommended.


Seeking Legal Assistance From Our Experienced Attorneys at Slusser Law Firm

Losing a loved one is emotionally challenging, and dealing with legal matters can be overwhelming. At Slusser Law Firm, we understand the pain you are going through and are here to provide the legal support you need. Our experienced attorneys specialize in wrongful death cases, and we are dedicated to helping you seek justice and fair compensation.


If you believe you are eligible to file a wrongful death lawsuit or have any questions regarding your rights, contact our compassionate team at Slusser Law Firm today. We offer a free consultation* to discuss your case and provide you with the guidance you need during this difficult time.

Remember, understanding your rights and eligibility is the first step towards seeking justice for your loved one's wrongful death.


January 20, 2025
The holidays are a time to hit the road and visit loved ones, but winter weather doesn’t always make things easy. Snow, ice, and long road trips can lead to accidents, especially when you’re driving through unfamiliar areas. Getting in an accident is already stressful – and being far from home can make it even more complicated. Here’s what you need to know if you find yourself in an accident while traveling out of town – and how Slusser Law Firm can help. Focus on safety first If you’re in an accident, especially in winter conditions, take a moment to check that everyone in your car is safe. Move to a safer location if possible, especially on icy roads where other drivers might be having a hard time stopping. Call emergency services if anyone is injured, and get medical attention as soon as possible if you need it. Health comes first. Collect important details Documenting the accident is key – no matter where you are. Take photos of the accident scene, road conditions, and vehicle damage. Exchange insurance and contact information with the other driver(s) involved, if any, and get the names and contact details of any witnesses. Know your rights – even out of state Here’s where things get a bit more complicated: If you’re in an accident outside of Pennsylvania, different state laws might come into play. Insurance rules, deadlines for reporting injuries, and liability laws can vary from state to state. While it may sound overwhelming, Slusser Law Firm is here to help you navigate these complexities and make sure you’re covered, even when things aren’t straightforward. Don’t wait to reach out for help After an accident, especially if you’re away from home, you may feel unsure about what to do next. Give us a call. We’ve got experience handling out-of-town cases, and we’ll walk you through every step to make sure your rights are protected. Our team is here to answer your questions and give you peace of mind during the holidays. Dealing with an accident far from home doesn’t have to be a headache. At Slusser Law Firm, we make sure that you’re well-informed and fully supported, no matter where you are. With our help, you can focus on what matters most this season: spending time with family, recovering, and enjoying the holiday spirit. If you have questions about holiday travel safety, accident claims, or anything in between, don’t hesitate to reach out. We’re available 24/7 to help you stay prepared and protected.
January 13, 2025
If you're like most people, car insurance terms can feel like a different language. Insurance companies love to push "limited tort" because it’s cheaper – they say it’ll save you money now. But what they don’t tell you is that it could cost you way more in the long run if you ever get hurt in an accident. Let’s break it down.  What’s the difference between full tort and limited tort? Full Tort: This option lets you claim compensation for all of your losses, pain and suffering included, if you’re injured in an accident. Think of it as a full-access pass to the benefits you’re paying for. Limited Tort: Sure, it might lower your monthly premium, but there’s a big catch. With limited tort, you’re generally limited in what you can recover. You may still be able to claim for medical bills, but pain and suffering? Not so much. Unless your injuries are classified as “serious” – and proving that can be a tall order – you’re out of luck. Why full tort is worth it Look, I get it. Insurance can get expensive, and limited tort seems like a quick way to save. But here’s the reality: car accidents can be life-changing. Medical bills, lost work, the pain – all of it adds up. If you go with limited tort, you could be left with bills that far outweigh the savings you pocketed upfront. When you’re paying for full tort, you’re investing in peace of mind. If the worst happens, you’ve got the flexibility to pursue compensation that truly reflects what you’re going through. Let’s make it real Imagine this: You’re hit in a collision that wasn’t your fault. You have some injuries – maybe a few fractures and weeks of painful recovery. But since you have limited tort, getting compensated for the emotional and physical toll might not be in the cards. Full tort? You’d be covered for those losses. It’s the difference between getting only some of what you need versus being fully supported. So, what should you do? If you’re serious about protecting yourself, go with full tort. You’ll pay a bit more upfront, but the benefits if you’re ever in an accident are worth every penny. It’s like wearing a helmet when you ride a motorcycle – you hope you’ll never need it, but you’ll be grateful it’s there if you do. At Slusser Law Firm, your fight is our fight, and we're here to help you understand your options and make sure you’re fully protected. If you have questions about car insurance choices, personal injury cases, or anything else, feel free to reach out. We’re always happy to chat 24/7 and make these big decisions feel a little less daunting.
January 6, 2025
Write about something you know. If you don’t know much about a specific topic that will interest your readers, invite an expert to write about it.
Show More