Typically a wrongful death lawsuit is filed by the spouse of the deceased, but in some cases no spouse is found. When complicated situations arise with an estate or next of kin, it can be difficult to determine who has the right to compensation for the wrongful death. If you are unsure if you can file a wrongful death lawsuit, you should contact a NYC Fatal Accident Attorney. However, here are some guidelines as to who should be the person to contact the New York Personal Injury Lawyer and make arrangements to file the claim.

   1. If there is no spouse, but minor children are left behind, the custodian of the children can file a wrongful death lawsuit on their behalf.
   2. If there is no wrongful death lawsuit filed before the children reach the age of 18, the children can file the suit themselves at that time.
   3. If there are no children and no spouse, the attorney handling the estate can file the lawsuit on behalf of the estate. You should seek the advice of a Manhattan NY Lawyer for this lawsuit, rather than using the probate attorney.
   4. If the death of a child has occurred, the parents or custodians of the child may file a wrongful death lawsuit. If there is more than one guardian, as with joint custody of divorced parents, you should seek the counsel of New York Injury Attorneys to determine which parent, or if both parents, can file the lawsuit.