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

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?

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Attorney answers 5

Posted

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

Posted

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 and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

Posted

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.

Posted

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

Posted

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

Michael Lewis Eisner

Michael Lewis Eisner

Posted

Ohio has a wrongful death statute. The statute specifically states which next of kin are presumed to suffer harm and be beneficiaries of the wrongful death estate. Others can be included as "other next of kin," but must prove their individual damages. The suit would be brought by the Adminstrator of the Estate, whose duty is to act in the best interest of all potential beneficiaries. Different jursdictions in Ohio have different rules with regard to notifying second tier beneficiaries.

Josh P Tolin

Josh P Tolin

Posted

Thanks for the info. I have dealt with a lot of cleveland defense attorneys from the old jacobson, Maynord firm. They started an insurance co in Missouri years old that went under.

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