Can I File a Wrongful Death Claim?
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Attorney Curt Miner on Your Options After a Family Member’s Death
Each state varies in terms of who is allowed to file suit on behalf of someone who dies in an aviation accident. Curt Miner is a wrongful death attorney with Colson Hicks Eidson, and he knows which family members have grounds to file a wrongful death claim in accordance with the Montreal Convention. If you lost a loved one in a plane crash or helicopter crash, ask an attorney about the best options available to you.
If the case is governed by the Montreal Convention, the Montreal Convention actually doesn’t define that. What it says is, we’ll just look to the law of the particular state where the case is being brought, and that defines it.
Each of the states in the United States has laws in this regard that will say who has standing or who is allowed to bring a wrongful death claim. It varies from state to state, but the most typical situation is if a spouse dies, the husband dies, then it’s going to be the wife and the children, if any, who have the right to bring the claim. Vice versa, if a wife dies, it’s going to be the husband and the children who have the right to bring the claim.
There are states where the world of beneficiaries, the realm of family members who can bring the suit is broader. Sometimes it will extend to parents, as well. Sometimes it will even extend to siblings.
When we start to look to international jurisdictions, it can vary widely. There are other countries where the realm of people who can bring a claim for a wrongful death in an aviation accident is much broader than what most states will allow in the United States.