Free Evaluation
Enter your info toreceive free legal help.
Legal Options
More Topics
In all states, immediate family members (such as spouses and children) of the deceased can file a wrongful death lawsuit. However, state laws on who may file wrongful death charges vary, and contacting an Orlando wrongful death lawyer is the best way to make sure you have all your information. State laws vary regarding:
- Children who are minors: Some states require appointment of a legal guardian (a guardian ad litem) to look out for minors’ interests in the lawsuit.
- Distant relatives and legal dependants: Some states allow distant family members (such as grandparents) or legal dependants to file a wrongful death lawsuit.
- Parental rights: In the event of a child’s death, some states do not permit parents to press wrongful death lawsuits if the child died in-utero.
- The defendant: If the person who caused the death is a member of the deceased’s family, while subject to criminal penalties, he or she cannot be sued by another family member. State law determines whether a non-blood relatives may be sued.
- The statute of limitations: Survivors have a limited amount of time after a wrongful death to file charges. Survivors cannot bring charges once the time limit has passed.
