The loss of a loved one is a difficult experience, and when the death results from someone else’s wrongful act, it can be even more challenging. If you are a sibling dealing with this kind of loss, you may want to file a wrongful death lawsuit. Here is what you need to know about the rights of siblings in wrongful death claims. Reach out to our wrongful death attorneys to determine your next steps.
A wrongful death lawsuit is a legal action brought by the survivors of a person who died due to someone else’s negligent or intentional conduct. The goal is to seek compensation for the loss suffered by the survivors. Typically, wrongful death claims are filed to recover damages for medical expenses, funeral costs, lost income, and the loss of companionship support.
The ability to file a wrongful death lawsuit is governed by state laws, and these laws often specify who can bring a claim. Generally, immediate family members such as spouses, children, and parents are considered primary beneficiaries in wrongful death cases. Siblings, however, are often not included in the primary list of eligible parties, making filing a bit more complicated.
In many states, siblings may not have the legal standing to file a wrongful death lawsuit unless they can prove that no other eligible parties (like the deceased’s spouse or children) are available to bring the claim.
In Pennsylvania, the law generally prioritizes the deceased’s spouse, children, and parents as people who can bring claims. Siblings would only be able to file a wrongful death lawsuit if no other immediate family members are available.
It is crucial to understand the specific laws, as they can significantly impact the ability to file a wrongful death lawsuit. Talking to a knowledgeable attorney can help clarify a person’s standing based on a particular situation.
If you believe you have a potential claim but are unsure about your standing, the first step is to consult with an attorney specializing in wrongful death. They can evaluate the details of your case, including the family dynamics and state-specific laws, to determine if you have a viable claim.
If you are a sibling seeking justice for the wrongful death of a loved one, do not hesitate to explore your legal options. Contact us at Soloff & Zervanos for a consultation. Our experienced attorneys can provide the guidance you need to understand your rights and take appropriate legal action.
