Losing a loved one is a painful experience, and when that death is caused by someone else’s negligence or wrongful actions, it can feel even more unjust. In such cases, surviving family members or others closely connected to the deceased may have the right to file a wrongful death lawsuit.
To sue for a wrongful death, the plaintiff must meet specific criteria that vary by state. Generally, only certain individuals or groups are allowed to pursue such claims, depending on their relationship with the deceased.
What is Wrongful Death?
Before exploring who can file a wrongful death lawsuit, it’s important to understand what wrongful death means. A wrongful death occurs when someone dies due to the negligence, recklessness, or intentional actions of another person or entity. For instance, recent studies reveal that medical errors, one of the leading causes of wrongful death claim, over 200,000 lives annually. In this case, surviving family members may wish to take legal action and seek compensation for medical expenses, funeral costs, loss of income, and emotional damages.
Who Can File a Wrongful Death Lawsuit?
Each state has specific rules about who can file a wrongful death lawsuit, but the following parties are generally allowed:
Spouses
The surviving spouse is usually the first party eligible to file a wrongful death lawsuit. In many states, the surviving spouse can file on behalf of themselves and any children of the deceased. They may seek compensation for the loss of financial support, companionship, and emotional distress.
Children
Children of the deceased (whether biological or adopted) also have the right to file a wrongful death claim. This right applies to both minor and adult children. In some states, even stepchildren may file if they were financially dependent on the deceased. If the deceased had no spouse or minor children, adult children may be the primary parties to file the lawsuit.
Parents
Parents may file a wrongful death lawsuit if the deceased was their minor child. In cases where the child was underage and lived with the parents, they can sue for the loss of companionship and emotional support. In some states, parents of adult children can also file if they were financially dependent on the deceased. This option is generally available when no spouse or children exist.
Siblings
In some states, siblings may file a wrongful death lawsuit if there are no spouse, children, or parents to pursue the claim. Siblings can seek damages for the loss of companionship and emotional support. However, this right is less common and varies depending on the jurisdiction. In certain states, siblings must demonstrate that they were financially dependent on the deceased or had a significant relationship with them to pursue the claim.
Personal Representatives of the Deceased’s Estate
If the deceased had no immediate family members eligible to file, a personal representative (often the executor of the estate) can file the lawsuit on behalf of eligible parties. The personal representative is responsible for managing compensation and distributing it to those entitled to it, including surviving children, parents, or a spouse.
Factors Affecting Who Can File a Wrongful Death Lawsuit
The eligibility to file a wrongful death lawsuit depends on several factors:
- Jurisdiction: Laws governing wrongful death claims vary by state. Some states require the party filing the lawsuit to show they were financially dependent on the deceased, while others allow only specific family members to file.
- Relationship to the Deceased: Some states allow only immediate family such as spouses, children, and parents as plaintiffs, while some may also allow extended family members.
- Financial Dependence: In some cases, the person filing must prove financial dependence on the deceased, especially in cases involving siblings or extended family members.
Bottom Line
The parties that can file a wrongful death lawsuit typically include the immediate family like the spouses, children, and parents of the deceased. In some cases, siblings or a personal representative of the deceased’s estate may file a claim if no immediate family members are available.
Each state has different laws regarding eligibility, so it’s essential to consult legal counsel if you believe you have the right to pursue a wrongful death lawsuit. By understanding who can file and the requirements in your state, you can take the necessary steps to seek justice and compensation for the loss of your loved one.