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Who Has the Right to File for Wrongful Death Benefits?

It was with heavy hearts that we learned of the tragic car collision in Kane that killed six passengers earlier this September. It can be difficult to search for meaning in something that continues to be so painful for the entire community, but these are the moments that force us to reevaluate our lives and what we can do when faced with something so terrible and unexpected.

Wrongful death claims are frequently awarded to aid the surviving parties — usually family members — of the deceased. Any compensation received through a wrongful death suit is generally divided amongst the surviving members of the deceased’s family. Typically, the right to file wrongful death claims is reserved only by the family of the deceased, but, in certain cases, other aggrieved individuals may file their own claims.

The courts do not allow multiple wrongful death claims to be filed at once, so multiple claims cannot be brought by various surviving beneficiaries. If no wrongful death claims have been made within six months of the death, individuals outside of the family who have a legal right to file claims may do so on behalf of anybody who is entitled to receive compensation through the lawsuit.

It can be difficult and painful to pursue a wrongful death suit soon after losing a loved one. In such circumstances, it can be a great help to have access to a skilled, compassionate legal representative.


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