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Who can file a wrongful death claim?

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There are a number of potential claimants in a wrongful death case. Determining who can file a claim can be a complex issue. Survivors who are typically entitled to pursue a wrongful death claim include:

  • The spouse of the decedent
  • The children of the decedent
  • The decedent’s parents if the victim did not have any children
  • The parents of the decedent if he or she was a child or minor
  • Other people who were financially dependent on the decedent
  • Brothers and sisters of the victim if there are no living parents or children
  • The public administrator if no authorized relative exists.


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