State law mandates that only a personal representative of the decedent may file one of these claims, rather than an entity such as a corporation. This personal representative is permitted to assert a claim for damages on behalf of any surviving family members and the deceased’s estate. Family members who could receive compensation may include surviving:
Spouse
Children
Parents
Other members of the decedent’s family—such as grandparents or siblings—may not be eligible to receive compensation because the courts do not automatically assume that these parties have suffered damages. However, if these parties can establish that they have incurred compensable losses, they could recover compensation. A seasoned Defiance attorney could help to assess the impact of a fatal accident on the surviving family members in order to determine who might be eligible to file a valid claim.