Q: Attorney Tully, if a person dies due to the fault of someone else, what is the legal name of the claim that is brought in the deceased’s name?
A: Great question. It is usually referred to as a Wrongful Death claim. The purpose of a Wrongful Death case is to compensate the deceased’s survivors for the losses they suffered due to the person’s death. An estate is first opened for the decedent which is a very easy thing to do. Then someone is named as the Administrator or Executor of the estate. Finally, the lawsuit is brought by the Administrator/Executor on behalf of the estate. Yes, we do Wrongful Death cases. Call us for a free copy of our monthly Newsletter. No recovery/no fee.