As an adult child, the last thing you want to hear is that one of your parents has passed away. Even worse, the wrongful death of a parent can bring forth a variety of questions and challenges.
Generally speaking, as a surviving member of your parent’s family, you’re in position to file a wrongful death lawsuit if the person has died as the result of negligence.
While it’s possible to move forward, your status as an adult child can impact the way damages are calculated.
These claims are designed to help a person deal with the current and future financial loss that results from the victim’s passing. In order to win this type of lawsuit, you must be able to prove that you will suffer a monetary injury as the result of the victim’s death.
Since this can be difficult to prove, it’s often best for the surviving spouse to file the lawsuit as he or she typically has a stronger case. From there, this person can then split any damages with their adult children.
At our law firm, we know that there are many challenges associated with filing a wrongful death lawsuit. This is particularly true if an adult child wants to move forward with a case after the death of a parent.
Despite the challenges and despite the questions that may be on your mind, it never hurts to learn more about your legal rights and options. This will give you the knowledge you require to make the best decisions and take the right steps in the days, weeks and months to come.