Only the personal
representative of the deceased person's estate may file a wrongful death claim.
In the case of a death,
a representative of the deceased person, after obtaining court approval in the state of residence of the deceased, may make claims on behalf the estate.
In Idaho, the parties who can usually file wrongful death claims include the personal
representative of the deceased person's estate, lawful heirs, or family members such as the spouse, children, stepchildren, or parents.
Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal
representative of the deceased person's estate.
These actions are brought in the name of the personal
representative of the deceased person (appointed through probate) within two years of the date of death.
Executors The legal
representatives of a deceased person appointed under a Will.
The personal
representative of a deceased person's estate files a claim in order to pursue damages on behalf of surviving family members.
(3) Subsection (2) does not apply to an order made before the commencement of section 38 of the Family Law Amendment Act 1983 if the order was expressed to continue in force throughout the life of the person for whose benefit the order was made or for a period that had not expired at the death of the person liable to make payments under the order and, in that case, the order is binding on the legal personal
representative of the deceased person.
Not exact matches
Under Section 59
of the Estate Administration Act, a personal
representative of a
deceased claimant may continue or bring and maintain an action for a loss or damage to the
person or property
of the
deceased in the same manner and with the same rights and remedies as the
deceased, except for certain actions such liable and slander, pain and suffering, and loss
of expectancy
of earnings.
(5) Where insurance money is by the contract payable to a
person who has died or to his or her personal
representative and such
deceased person was not at the date
of his or her death domiciled in Ontario, the insurer may pay the insurance money to the personal
representative of such
person appointed under the law
of his or her domicile, and any such payment discharges the insurer to the extent
of the amount paid.
• The
deceased's surviving spouse if they were married at the time
of death; • The
deceased's surviving domestic partner; • The
deceased's surviving children; •
People who would be entitled to the
deceased's property as if he or she did not have a will; • The
deceased's putative spouse, the children
of the putative spouse, parents, or stepchildren
of the
deceased; • A minor that resided with the
deceased for 180 days in the
deceased's home and was dependent on him or her for at least half
of their support; or • A personal
representative of the
deceased.
The estate
of a
deceased person can bring a survival action in the name
of the personal
representative.
(2) Notwithstanding anything in this Act, but subject to subsections (2.1) and (2.2), an application for a benefit, other than a death benefit, that would have been payable in respect
of a month to a
deceased person who, prior to the
person's death, would have been entitled on approval
of an application to payment
of that benefit under this Act may be approved in respect
of that month only if it is made within 12 months after the death
of that
person by the estate, the
representative or heir
of that
person or by any
person that may be prescribed by regulation.
In addition, the personal
representative of the estate
of the
deceased person can file a wrongful death suit on behalf
of any
of the above qualifying parties.
Only qualified legal
representatives are eligible to receive the new fixed costs but litigants in
person can use the system if they so wish; Motor Insurers» Bureau (MIB) untraceable claims, claims where the claimant or defendant is
deceased, bankrupt or protected parties (other than children) will be excluded from the process on the grounds
of complexity; Rehabilitation will still comprise a fundamental part
of the new process; Claims valuation will not be undertaken by a computerised damages assessment tool as originally mooted.
The NPRM would have permitted the use and disclosure
of protected health information
of deceased persons for research without the authorization
of a legal
representative, and without the requirement for written documentation
of IRB or privacy board approval in proposed § 164.510 (j).
We create a broader scope for a
person who is a personal
representative of a
deceased individual because the
deceased individual can not request that information be disclosed pursuant to an authorization, whereas a living individual can do so.
However, the covered entity may allow other
persons, such as personal
representatives, to exercise the rights
of the individual under certain circumstances, e.g., for a
deceased individual.
If under applicable law an executor, administrator, or other
person has authority to act on behalf
of a
deceased individual or
of the individual's estate, a covered entity must treat such
person as a personal
representative under this subchapter, with respect to protected health information relevant to such personal representation.
We can work with immediate family members and
representatives to close the account
of a
deceased person where appropriate...» (The three passages cited above can be found by using the following key words in Google searches: «yahoo not - transferable», «yahoo terms
of service 24 January 2014» and «google
deceased user».)