Social Question

Brian1946's avatar

Do grandparents usually have standing to file wrongful death lawsuits?

Asked by Brian1946 (32280points) July 8th, 2011

I’m specifically wondering if Caylee Anthony’s paternal grandparents have standing to file a wrongful death suit against Casey, but I also would like to know more about this issue in general.

If this is determined by the requirements of the state in which the death ocurred, what are the rules of some states regarding this?

Observing members: 0 Composing members: 0

7 Answers

marinelife's avatar

Yes, they probably can:

“The Florida wrongful death act states that:

“The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death.”

In other words, the personal representative is a person named in the victim’s will, or whoever is appointed by the court in the absence of a will. In the event that no one was specifically named in a will, or no will was available, a wrongful death claim can generally be filed by the victim’s surviving family members.”

Source

Brian1946's avatar

@marinelife

Thanks.

I hope they file.

jrpowell's avatar

@Brian1946 :: That applies to property. I guess if they want to sue for a binky and some stuffed animals they can try. I really doubt the three year old had any assets or a will.

john65pennington's avatar

More than likely, yes. But, in this particular case, her grandfather did not notify the police, when he picked up her car from the tow lot and smelled rotting flesh. This will surely be a very bad standing point for George Anthony in any future lawsuits.

tedibear's avatar

@john65pennington – We’re talking about the paternal grandparents, not Casey’s parents.

I wonder if they know that she was their granddaughter. All I’ve heard is speculation, including that Caylee was conceived during a one night stand. If that’s true, they might not know she exists.

We were talking about this today. Nicole Brown Simpson and Ronald Goldman’s families brought a civil suit for wrongful death against O.J. Simpson. I should think that Caylee’s paternal grandparents could do the same.

marinelife's avatar

@john65pennington Hey, great to see you back!

chewhorse's avatar

And of course she has nothing to collect but the law suit is extensive and applies whenever she profits and right now there are several bottom feeders trying to negotiate with her to get exclusive rights to her story so…

Answer this question

Login

or

Join

to answer.
Your answer will be saved while you login or join.

Have a question? Ask Fluther!

What do you know more about?
or
Knowledge Networking @ Fluther