What is the role of the personal representative in a wrongful death?
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It’s important to know that the person deceased can’t bring an action on behalf of themselves, and timing is critical. If a loved one has been killed as a result of negligence of another person, it’s important to get involved immediately. A person must be appointed for the estate of the decedent and the process can take months, and it might be too late. A personal representative acts in place, and can choose to institute a legal proceeding, sign settlement documents, and becomes the client. It’s important to get advice from a Pendas Law attorney right away. That time period starts ticking, with grief and funeral arrangements happening at the same time. This is a two-step process, and it will need to go to probate court to appoint a personal representative of the estate. The Wrongful Death statute has defined statutory survivors. The personal representative doesn’t have to be a family member. It’s defined as whoever the survivor of the decedent is, and whether or not they can recover. There are many factors that determine, such as if the person was a minor, or married or single.
