Q: My unmarried so died leaving a 2 year old. There will be a lawsuit
Who files lawsuit girlfriend or my son's parents
I am sorry for your loss.
The claim for wrongful death belongs to your grandson. An adult will need to bring the lawsuit on his behalf. That adult can be the girlfriend or the grandparents. Any money awarded from the lawsuit will be only for his benefit and everything must be approved by the Court.
There is also potentially an Estate claim for medical expenses and pain and suffering (if your son did not die instantly and required medical attention) and funeral and burial expenses. This claim is brought by the individual named in a will as an Executor or by a person who applies to the Probate Court and is appointed Administrator. This claim generally is not as significant as the wrongful death claim.
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