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Who has the right to file a claim for wrongful death?

Riddle Brantley LLP   |  January 19, 2015   |  

Generally, an estate is set up for the victim of the wrongful death. In setting up an estate, an administrator or personal representative will be appointed and that person then has the right to bring forward a claim for wrongful death on behalf of the estate. In many instances, the primary beneficiary will serve as the administrator but there is no requirement that anyone entitled to receive funds from any wrongful death claim actually be the administrator. An attorney can help set up the estate and explain the roles of an administrator. The administrator would then be the one who has the right to hire an attorney to represent the estate in pursuit of a wrongful death claim.