Philadelphia, PA personal injury attorney Leon Aussprung M.D., ESQ. talks about who can bring a wrongful death suit. When an individual passes away, their right to bring a lawsuit for their injuries no longer exists directly. To address this, an estate must be established. When an estate is raised, an administrator or executor is appointed. If the individual had a will, an executor is typically named, often a spouse, child, or parent. If there is no will, the Law of Intestacy determines the appointment, usually assigning a spouse, or in some cases, a child, parent, or sibling.

Once an administrator or executor is appointed, they gain the right to bring a lawsuit on behalf of the deceased. This representative can pursue claims on behalf of the estate, such as those for pain and suffering endured prior to death, as well as claims on behalf of beneficiaries. For instance, minor children who have lost a parent may be entitled to certain non-economic claims due to their loss. The administrator brings all applicable claims as the estate’s representative.