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What the Law Says About Wrongful Death Claims and Divorced Couples

When a loved one dies because of the negligence of someone else, many want to take legal action and get justice. This is sometimes even the case for spouses who are divorced or in the process of a divorce. However, will the law allow such parties to file wrongful death claims?

Why would someone seek wrongful death compensation after the death of someone he or she was divorcing? The answer is often children. The ex-spouse may want to recover damages from the claim in order to provide for the kids, especially if a child support payment will be missed now. If alimony was paid and children aren’t involved, the surviving ex-spouse may want to get compensation to help cover that lost income.

Can a Divorced Spouse Seek a Wrongful Death Claim?

Whatever their reasons, people often file wrongful death claims when their ex-spouse dies unexpectedly due to someone’s negligence. However, before you file, you should know that:

  • Ex-spouses are often turned down. Spouses who are divorced or are in the process of divorcing when the wrongful death occurs are often denied wrongful death claims. Instead, the court may appoint another family member to bring forth the lawsuit.
  • Current spouses could be denied, as well. If the spouse who died was not legally competent at the time of death—if he or she had Alzheimer’s Disease, for example—the surviving spouse may not be eligible to file a wrongful death lawsuit.

Do You Want to File a Wrongful Death Claim?

Losing someone in your life due to the negligence of a third party is difficult. Even if that person was an ex, you could suffer significant financial losses as well. The legal team of the Morton Law Offices may be able to help you receive justice by holding the at-fault party responsible and getting you financial compensation. Contact us today to learn how we have helped others in the Boise area, and how we may be able to help you, as well.

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