How do I begin the process of filing a wrongful death claim?

The first thing that needs to happen is for the court to appoint a personal representative. This happens during a type of legal proceeding known as probate action. A probate action is used to address the management of the deceased persons' estate. The prospective personal representative has to file a petition that includes a sworn statement to the court. The personal representative is usually a family member or friend of the deceased but can also be an attorney. They will usually be the person that is reputable and trustworthy; a criminal background may prevent someone from being named the personal representative. The personal representative will be able to file the wrongful death for the deceased person's estate.