This is a complex question because it depends on the way the decedent was injured. Generally the estate of the decedent makes the claim on behalf of the survivors. Potential survivors included are: spouses, minor children, dependent blood relatives, and parents of adult children without a spouse or children. Minor children, however, according to the statute, is not the traditional definition of a minor child. The age of minority is redefined to age 25 for most types of claims, and this basically means that children up to age 25 are able to recover pain and suffering losses for the loss of an adult... and parents are able to recover pain and suffering losses for any child up to age 25. When a child dies, and has no spouse, and no children of his or her own, then the parents of the adult child (any age) may recover on his or her behalf.
Who can sue for Wrongful Death?
Updated: Apr 27, 2022