When a loved one passes away in an accident that someone else caused, surviving family members may be in the position to file a wrongful death claim or lawsuit against the person or entity that was responsible for causing the accident. In many cases, the decedent leaves behind numerous grieving family members, including spouses and children.
If the decedent was married at the time he or she passed away, the surviving spouse must file the claim for wrongful death. In cases where the decedent leaves behind surviving children, then the decedent’s spouse must serve as the designated legal representative for all of the children.
Furthermore, if a settlement is forthcoming in the wrongful death case—or the jury awards money at trial—the spouse must share this monetary compensation with the decedent’s surviving children. Regardless of the number of children who are in the picture, the surviving spouse may not recover anything less than one-third of the total amount of the wrongful death settlement or jury verdict.
In some cases when a decedent passes away, the decedent is an unmarried or divorced parent. When that is the situation, and there are surviving children, these children hold the wrongful death claim together.
The experienced team of Lawrenceville wrongful death lawyers at Brauns Law Accident Injury Lawyers, PC can help you determine if you may be eligible to file a wrongful death claim or lawsuit, and if so, will work to pursue compensation for the full value of the decedent’s life and losses.
