In the first year after the decedent’s death, the surviving spouse has the exclusive right to file a wrongful death claim. However, a surviving spouse can give permission to heirs to pursue a claim during the first year.
- In the case that no spouse exists, a designated beneficiary may file a claim.
- If there is no surviving spouse and there is no designated beneficiary, and if the decedent was an unmarried minor or adult without descendants, then siblings and heirs can file during the first year.
In the second year, heirs (children) can also file or join the action. If no spouse or heirs exist, parents may file. Siblings may only pursue a claim if no spouse, heirs, designated beneficiary, or parents exist. Our attorneys at Heuser & Heuser, LLP can guide you.
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