Who Can File a Wrongful Death Suit?

When a loved one passes away due to the fault of another party, the family may want the responsible party to face criminal retribution. In fact, the criminal charges of murder and manslaughter often bring justice to victims in these cases. However, civil claims can also be brought against the negligent party. These wrongful death lawsuits are a subcategory of personal injury claims that can be filed when the injured victim dies from his or her injuries. Wrongful death suits are one of the legal remedies that can help bring justice for a victim and his or her surviving friends and family.

If you have lost a loved one due to negligence, you may want to know who has the right to file a wrongful death claim. The people left behind will be responsible for filing a wrongful death lawsuit. However, not everyone can file a claim. 

When a person’s death is due to the negligence or intentional act of another person or entity, that party may be held responsible for the person’s death. In this situation, it is important to understand who can sue for wrongful death. A claim be filed against the responsible party by a personal representative or surviving family member of the decedent. These civil cases are known as wrongful death lawsuits, and they aim to offer financial security and compensation to the victim’s loved ones. The person who files the wrongful death suit may be able to seek financial compensation for a range of damages that include mental suffering, medical bills, and loss of income and support from the decedent.

The process of filing a wrongful death suit varies, as each state has its own laws governing the process and its limitations. In some states, including Illinois, Indiana, and Maine, only a personal representative can file a wrongful death lawsuit. A personal representative is an individual or company responsible for managing the assets of the decedent and, thus, is also referred to as the executor of the estate. Other US states allow the decedent’s surviving family members to file the claim.

It is important to note that compensation is not given to the person who can file a wrongful death claim. Instead, any compensation that is awarded is given to whomever the compensation covers. For example, any money received from medical bills that the victim would have received had he or she still been alive will be paid into the victim’s estate. In contrast, family members receive compensation that is awarded for loss of support resulting from the victim’s death.

State laws determine who can file a wrongful death suit. The requirements in one jurisdiction may not be allowed in another. However, it's worth noting that these laws can vary, making it beneficial to consult with a local attorney for accurate information.Still, in most states, there is a list of people who can file a wrongful death lawsuit legally.

Many US states allow adult surviving family members to file a wrongful death lawsuit. Exactly which family members will be able to make a claim varies dramatically across jurisdictions. Most require the surviving family member to be a direct relative to the decedent — children, parents (biological or stepparents), or spouses. However, each state has its own laws regarding which family members will be given priority.

In most cases, it is the surviving spouse who files the claim. Where there is no one related to the decedent by marriage (engaged couples are not given the same spousal privileges), the right is generally passed on to the decedent’s children. If the decedent is a child, his or her parent or guardian can file a wrongful death suit. Some states allow distant family members, such as cousins or grandparents, to file the claim if the decedent is an unmarried adult.

A personal representative is a person or company that acts as the executor of the deceased person’s estate. This is usually the person named as the executor (or executrix if female) in the deceased person’s will. If no will was written before the person’s death, a surviving family member can apply to the court to be the personal representative. In these cases, the personal representative is known as the administrator (or administratrix if female).

Several US states give family members and personal representatives equal rights to file a wrongful death suit. Others give priority to the spouse or other family members. However, the following US states only accept wrongful death suits when they are filed by a personal representative:

Generally, either surviving family members or a personal representative of the decedent can file a wrongful death suit. However, the following people do not have the right to file a claim.

The decedent’s grandparents are also not generally allowed to file wrongful death suits. Minnesota and North Dakota are the two exceptions. In both of these states, a wrongful death civil suit can be filed by any surviving grandparent along with direct family members.

Similarly, most states in the US do not allow grandchildren to file these claims, with California and Virginia being the only exceptions. However, others will allow grandchildren to file the lawsuit if they are dependent on the deceased or if the deceased was the legal guardian.

The decedent’s grandparents are also not generally allowed to file wrongful death suits. Minnesota and North Dakota are the two exceptions. In both of these states, a wrongful death civil suit can be filed by any surviving grandparent along with direct family members. 

Similarly, most states in the US do not allow grandchildren to file these claims, except for California and Virginia. However, others will allow grandchildren to file the lawsuit if they are dependent on the deceased or if the deceased was the legal guardian.

Aunts and uncles of the victim aren’t generally allowed to file wrongful death lawsuits. However, some states will permit these family members to make a claim if the decedent is a single adult. Moreover, some US states allow any beneficiaries of the decedent’s will to file a wrongful death suit. Where aunts and uncles of the deceased are named beneficiaries, it may be possible for them to file a wrongful death claim against the responsible party.

As mentioned above, either a family member or the personal representative of the victim’s estate is responsible for filing a wrongful death suit on behalf of the victim. This person can present these claims immediately after the victim’s death. However, state statutes do impose time limits on how long a person has to file this type of claim.

Each US state has its own statute of limitations for filing a wrongful death suit. The shortest length of time in which states require claims to be filed is one year. After the deadline has passed, it is not possible to file a claim for wrongful death against the responsible party. Some exceptions are given, however, including if it was only revealed that the death resulted from negligence at a later date.

Losing a loved one due to another party’s negligence or intentional action is an experience no one wants to go through. Although it cannot undo the tragedy, filing a wrongful death suit can bring some justice to the victim and his or her surviving family.

As the person who can file wrongful death lawsuits varies from state to state, the victim’s loved ones may want to consult with a personal injury lawyer before making a claim. An experienced attorney can explain your legal rights according to your jurisdiction and help you through the process of seeking compensation for damages related to the loss of your loved one.