When someone dies due to another party’s negligence, the surviving family may file a wrongful death lawsuit. In some cases, an estate representative must handle legal matters on behalf of the deceased’s estate. This individual plays a key role in ensuring that claims are properly filed, assets are protected, and any damages awarded go to the rightful beneficiaries.
Filing the wrongful death claim
The estate representative acts as the official party who files the lawsuit if state laws require an estate-based claim. While close family members usually have the right to sue, some states require the estate’s personal representative to bring legal action. This ensures that all eligible beneficiaries receive fair compensation.
Managing legal and financial matters
Beyond filing the lawsuit, the estate representative handles legal documents, communicates with attorneys, and ensures court deadlines are met. If the case results in a financial settlement, the representative oversees the proper distribution of funds. This may include paying outstanding debts, funeral expenses, and ensuring rightful heirs receive their share of damages.
Working with attorneys and beneficiaries
The estate representative serves as a connection between the family and legal professionals. This person helps gather evidence, provide financial records, and support the attorneys handling the case. The representative must also keep beneficiaries informed about case progress and settlement details.
Distributing compensation fairly
In wrongful death cases, compensation may include medical expenses, lost wages, and emotional suffering. The estate representative ensures the fair division of any awarded damages according to state laws and the deceased’s will. If disputes arise, they work to resolve them while following legal guidelines.
The importance of choosing the right representative
The estate representative must be responsible, organized, and capable of making legal and financial decisions. Courts may appoint someone if the deceased did not name an executor in a will. Choosing a trustworthy person ensures the wrongful death claim is handled properly, providing justice for the deceased and financial relief for the family.