Can the grandchildren be apart of a wrongful death suit the adult children filed?

Asked over 1 year ago - Toledo, OH

My aunts and uncles have filed a lawsuit against the nursing home for neglect and the death of my grandmother. Can her grandchildren be apart of the suit?

Attorney answers (5)

  1. Jeffrey Ira Schwimmer

    Contributor Level 19

    10

    Lawyers agree

    Answered . A Wrongful Death suit is generally brought in the name of the Estate of the Deceased, through the appointed executor or administrator, and family/blood members are not actual parties to the litigation (except a spouse based on a claim of "loss of services"). In most states, the proceed from a wrongful death lawsuit are distributed, based upon blood line, with spouses and direct issue (children) being the first takers, subject to other conditions that must be met. It is not likely that grandchildren would be parties to the lawsuit , or that they may even share, if the spouse and child/children are still alive, but you should consult with an attorney in your area to determine what the statutes in your State spell out.

  2. Kevin Coluccio

    Contributor Level 20

    8

    Lawyers agree

    Answered . It would depend upon your state's law. In most states the answer would be no.

  3. Malosack Berjis

    Contributor Level 20

    8

    Lawyers agree

    Answered . I agree with Mr. Coluccio. For example, in California, one way for the grandchildren of the decedent to be a part of the suit is if their parent (i.e., the daughter or son of the decedent) is deceased.

    This attorney is licensed to practice law in the State of California. The laws of your jurisdiction may differ... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . State laws vary significantly, so best bet is to call a wrongful death lawyer in your state to check.

  5. Josh P Tolin

    Contributor Level 19

    3

    Lawyers agree

    Answered . In most States the claimants are parents, spouses, and children. An Ohio attorney can best answer this question.

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