We discuss the possibilities and ramifications of a child bringing up a parent's wrongful death suit. One of the main questions posed is the possibility that adult children can win in wrongful death lawsuits? They are harder but they are possible. There are different options and different routes to take when considering a parent's wrongful death suit.
Any member of the victim’s family can file a lawsuit for a wrongful death of a deceased parent. Yes, it is possible and it is allowed that an adult child can file the lawsuit for the wrongful death of his parent. However, if it is the adult child who is going to file the lawsuit, it could be a bit difficult. Proving that it is the negligence or misbehavior of another person which caused the death of a loved one is going to be a burden on his part.
In addition, calculation of damages to recover from a parent’s wrongful death may get complicated when it is the adult child filing the case.
Most often, wrongful death claims are filed by spouses, parents and children of the deceased.
The people who can file such lawsuits vary from state to state. It is best to determine the list of allowed complainants from the state you belong. Some states, allow other individuals including extended families or those not related to the victim to file such cases.
Is it possible that adult children win in wrongful death lawsuits?
Wrongful death lawsuits can be filed in court to help the victim’s family recover from the current as well as future financial difficulties brought about by the wrongful death of the victim. To defend the case, the complainant and the other members of the victim’s family must be able to prove in court how they suffered financially because of the untimely and wrongful death of their loved one.
What makes this difficult to do is when the adult child or children are already financially capable to provide for themselves and are no longer depending on their parent’s support. Nevertheless, they could still win in recovering damages for the lost relationship with their parent.
To maximize the benefits that the victim’s family could recover, it is best to consider the possibility of the surviving spouse to file the claim instead because the case will be stronger. The chance of recovering the maximum claims is much better. They will just have to talk things over and have an agreement on the division of whatever will be recovered. Since every state has its own law regarding wrongful death claims, every adult child may have equal rights and thus equal share of whatever will be recovered from the claim.
Unfortunately, some states have different rules. There are states which do not allow the surviving spouse to pass the ownership of wrongful death claim to the victim’s adult children. Moreover, the state also does not allow the victim’s adult children to recover any claim as it rightfully already owned by the victim’s spouse.
Since the governing laws on wrongful death claims vary from state to state, you need to consult a lawyer expert on this matter to give you proper guidance when you want to file a wrongful death claim.
