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As a grandparent, do I have the right to file a wrongful death case after my grandchild’s death if my own child is too grief-stricken to act?

Generally, grandparents do not have legal standing to sue for the wrongful death of their grandchildren unless they are appointed as the executors of their grandchildren’s estates. As a grandparent, you are in a terrible situation that no one should ever have to face. Not only have you lost your beloved grandchild, but you are also watching your own child suffer what is arguably the worst possible type of loss: the death of a child.

You Are Not Helpless

While you might not have legal standing to pursue a wrongful death claim, you can:

  • Support your child. Your child may not know what to do now. Why should she think about a wrongful death case when it won’t bring her own child back? Let your child know that you support her and that you will help her make the difficult decisions that she faces.
  • Educate your child. Do some research and let your child know what the potential benefits of a wrongful death case are for your family. You can start by watching the free videos and searching the extensive free library on this website.
  • Help your child do the legwork. Help your child find an attorney that can protect your family’s rights and honor your grandchild’s memory.

 

You have an important role regardless of whether you can file a wrongful death case on your own. To find out more about you can do to help your family, please contact us today.

Jason F. Abraham
Managing Partner, Hupy and Abraham