What is the importance of next of kin in a wrongful death lawsuit?

What is the importance of next of kin in a wrongful death lawsuit?
Apr 18 2023

Wrongful death lawsuits are not an option open to just anyone. The law limits them to only a small group of people who can file them.
Wrongful death claims are available only to the next of kin. The next kin is a concept mainly used in estate law. It refers to close relatives. In many cases, the person with the most claim is a spouse. After that, it would be children, followed by parents and siblings. The court allows moving through the bloodlines to find the closest related person if a person dies without a spouse, children, parents or siblings.

Provides the right to claim

Next of kin is important in a wrongful death case because it allows for the right to claim money on behalf of the situation to only a select few. It prevents random people from bringing such cases, which would be a strain on the legal system and could violate the rights of the accused.

Allows for rightful compensation

The law works on the idea of next of kin because the goal of a wrongful death lawsuit is to ensure the people who will suffer the most financially get compensation. If a person who has no relation to the person who died and who benefited in no way financially from that person tries to make a claim, it could rob the family who did rely on the person for financial needs to not be able to get compensation.

By requiring only the next of kin to benefit from a wrongful death claim, the law ensures the rightful people recoup losses and expenses.

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