What is the difference between the person that files a wrongful death claim and the beneficiaries?

The difference between the person that files a wrongful death claim and the beneficiaries is typically dependent on the relationship of those involved in the case with the deceased person. To be eligible to file a wrongful death claim, you will need to prove that you were related to the person who died. Generally, only a parent, spouse or child may file a wrongful death claim. In some instances, a dependent, grandparent or member of the family may do so as well, but sometimes these persons’ rights to do so are contested. 

The same requirement is upheld when determining who is a beneficiary of the deceased person. In some special cases, a legal dependent (i.e. adopted child) or extended family member may be eligible to file a wrongful death claim and collect benefits. Rarely, a non-related person is eligible for taking legal action. 

If you have lost someone close to you in an accident that you believe could have been prevented, it’s time to talk to a Clarksburg wrongful death attorney. There are many variations in state laws and filing requirements that can make filing a claim confusing and time-consuming. Don’t miss out on the compensation you deserve by not having the right legal guidance. 

A Clarksburg wrongful death attorney from The Miley Legal Group can work with you to determine your ability to make a claim and help you do it correctly. We know how hard this time can be, and that’s why our team is committed to making the process as easy as possible for you and your family. Contact us at (304) 326-1800. 

Tim Miley
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Injury Lawyer, Author, & Owner of The Miley Legal Group