Who Can Bring a Wrongful Death Suit?

From Leon’s interview for the Masters of the Courtroom series on ReelLawyers.com.

Transcript

0:04
when somebody dies it’s the person who
0:08
dies who generally has the right to
0:09
bring a lawsuit for their injuries so
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when they die there is nobody who has
0:14
that right at that moment that is why
0:17
you have to do what’s called raise an
0:20
estate when you raise an estate somebody
0:22
is appointed the administrator or the
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executive of that state frequently if
0:27
someone has a will an execu of the
0:30
estate is named in that will it’ll be
0:32
the spouse or a child or a parent if
0:35
there is no will then there is a a law
0:38
called The Law of intestacy that
0:41
determines who a court May appoint to be
0:44
in charge of the estate to be the
0:46
administrator of the estate usually
0:48
that’s a spouse but sometimes that is
0:51
the children or the parents or even the
0:53
siblings of the deceased person once
0:55
somebody is appointed the administrator
0:58
or the executive of the estate of the
1:01
person who died that individual then has
1:04
the right as the administrator of the
1:06
estate to bring the lawsuit on behalf of
1:09
the dead person and that administrator
1:11
will represent both the estate meaning
1:14
the estate has certain claims like the
1:15
pain and suffering the patient went
1:17
through before they died as well as the
1:20
rights of the beneficiaries meaning uh
1:24
if there are minor children those
1:25
children have lost their parent there
1:28
are certain non-economic claims that
1:29
there entitled to for losing a parent
1:31
and the administrator will bring all
1:33
those claims uh as the representative of
1:35
the estate

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