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Feb 15, 2017 |

Who Can Bring a Wrongful Death Claim?

Feb 15, 2017 - Wrongful Death

A wrongful death claim is a serious matter that is brought by a person (or group) close to someone who has been killed by the intentional, negligent or reckless act of another.  If someone close to you has passed away in an untimely manner, we may be able to help.  Contact the attorneys at Drake, Hileman & Davis, PC today for a complete case evaluation.

When is a Wrongful Death Claim Appropriate?

A wrongful death claim is appropriate under many circumstances.  If a loved one has passed away due for any of the following reasons, then you may have a valid wrongful death claim.

  • Negligence or Recklessness. If you’ve had a loved one killed by the negligent or reckless actions of another, then you may have standing to bring a wrongful death claim.  For example, you have a valid wrongful death claim where a loved one has passed away because of a car accident caused by an intoxicated driver.
  • Intentional Acts. If a loved one has passed away due to the intentional acts of another you likely have a strong wrongful death claim.  For example, murder is the intentional taking of another’s life.

Contact us today for a better understanding of when a wrongful death claim is appropriate.

Who Can Bring a Wrongful Death Claim?

A wrongful death claim is usually brought by the spouse or partner of the deceased.  However, a wrongful death claim may also be available to:

  • Any minor living with the deceased (not their biological or adoptive child) and children (either by blood or adoption) who depended on the deceased for financial support,
  • Dependent parent (the parent who lived with and/or relied upon the deceased for financial support),
  • Personal representatives or designated heirs (those responsible for the execution of wills, estate plans, etc.),
  • Putative spouse (a surviving spouse whose marriage to the deceased was not yet valid, but meets other requirements of the court),
  • Domestic partner (many states allow same-sex domestic partners to bring claims).

There are other types of individuals who may also have the ability to pursue a wrongful death claim.  If you are unsure, contact a Stroudsburg wrongful death attorney at Drake, Hileman & Davis, PC today to get a better understanding of your rights and options under the law.

What Must I Do to Bring a Wrongful Death Claim?

The ability to bring a wrongful death claim may depend heavily on your ability to produce the appropriate documentation.  The ability to show a connection to the deceased is critical.  A court may ask to review marriage or birth certificates, shared bills or other contractual obligations, and any other type of documentation that shows a close relationship between you (the “claimant”) and the deceased.

Contact us today if you are confused or unsure about what a court is asking of you.  We have the experience and expertise to ensure that you are able to accurately and completely peruse your wrongful death claim.

How Can an Attorney Help Me Bring My Wrongful Death Claim?

A competent attorney plays a critical role in ensuring that your wrongful death claim is handled correctly.  Contact a wrongful death attorney at Drake, Hileman & Davis, PC today for a full review of your case.  Call 888-777-7098 for immediate legal assistance.

Drake, Hileman & Davis

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