If a person is killed as a result of an accident, who is able to file a wrongful death law suit?

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If a person is killed as a result of an accident, who is able to file a wrongful death law suit?

Are brothers and or sisters of the deceased able to?

Asked on August 14, 2011 Pennsylvania

Answers:

Richard Weaver / The Weaver Law Firm

Answered 10 years ago | Contributor

Yes, but it depends on things like whther the person was survived by a spouse, child or parent. You may have a right to sue. Attorneys can assist you on a case on a contigency basis, where you do not have to pay unless they recover something for you. Feel free to call at 210-807-8932 or visit us at www.WeaverLawyers.com

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

State laws vary on who may bring wrongful death lawsuits. In all states, close family members like spouses and children and parents can bring wrongful death actions. Some states allow other family members to file such a suit or legal dependents who suffer financial injury from the death to bring a wrongful death action for lost care or support. My research suggests that in PA, that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents, but under some circumstances siblings may be allowed. At this point, you should consult directly with a personal injury in your area as to your legal rights/remedies.


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