Who should bring a lawsuit if your family member dies as a result of an accident? To be clear, the executor or administrator of the estate is the individual to do this. To distinguish between the two, the executor is in charge of the affairs if the person who passed away had a will and specifically named a person to do so. An administrator is appointed by the probate court if the individual who died did not have a will.
If you are facing this situation, you may ask the probate court to appoint an administrator. Even though the deceased is no longer here to explain what happened, the administrator can bring the suit, and this individual will be the main point of contact between the family members and the lawyer bringing the claim.
It is important to understand this because the surviving family members may be financially reliant upon the loved one who died. If they were the breadwinner, it will be essential to file suit and try to replace the loss of income the remaining family members will experience.