Who can bring a case on behalf of a family member who died?
A court appointed personal representative generally is required to bring a lawsuit on behalf of a deceased family member.
Dealing with estates and cases on behalf of family members, is tricky and can be very complex. Who may bring such a claim depends largely on the laws of the jurisdiction in which the person died. Generally, in Virginia, a person must be appointed by a court to be the personal representative of the deceased person's estate. Who may be appointed personal representative depends on a number of factors including whether there are any estate documents appointing a personal representative, whether the person died intestate, and how long it has been since the decedent passed away. It is very important that the proper person be appointed and that the appointment is done properly. Please consult an attorney, like Erin Jewell or Will Harty, with significant experience in these matters to guide you through this process.