Losing a loved one due to someone’s negligence or wrongdoing is devastating. It’s why the family members of victims file a wrongful death lawsuit. This allows them to seek justice and compensation.
Not everyone can sue for wrongful death though. There are laws on who can file a claim. This varies by state. The policies on wrongful death focus on certain family members and beneficiaries.
So who can sue for wrongful death? This post provides an overview of which parties are eligible.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim. It’s brought against an individual whose actions or negligence caused someone’s death.
Wrongful death cases are different from criminal cases. The former is often filed by the deceased person’s family or estate. It’s done to recover damages for emotional and financial reasons. These cases are also done for punitive reasons. The state pursues the latter.
Wrongful death lawyers will demand damages on behalf of their clients. The damages can include medical and funeral expenses. The victim’s family can demand compensation for the loss of income and companionship. Damages also cover the emotional suffering of surviving family members.
Who Can Sue for Wrongful Death?
The right to file a wrongful death case is often limited to specific individuals. It’s often based on the person’s relationship to the deceased. The laws on who can file a claim are different per state. The following are the most accepted ones:
- Immediate Family Members
Most states agree that immediate family members have the primary right to sue. A surviving spouse can almost always file a wrongful death lawsuit. A wrongful death lawyer can help. They can demand compensation for the loss of companionship. They can also claim compensation for the loss of emotional and financial support.
Biological and adopted children are also allowed to file a claim. They can say they’ll suffer from the loss of parental guidance. They also have a case for emotional suffering. They can demand compensation for the lost financial support from their parent.
The parents of the deceased individual can also file a claim. But only if the person isn’t married and has no children. The parents of a minor child can also file a wrongful death lawsuit.
- Life Partners or Financial Dependents
Several states allow dependents of the deceased to file a wrongful death case. Life partners or common-law spouses have the right to file a case. This eligibility varies by jurisdiction. It can also depend on factors like proof of financial dependency.
- Siblings and Extended Family
There are circumstances where extended family members can file a wrongful death lawsuit. Grandparents are eligible if they are dependent on the deceased.
These situations are uncommon though. They often apply when there are no immediate family members or beneficiaries.
- Personal Representatives of the Estate
Many states in the US also allow the deceased person’s estate to file a wrongful death claim. They will do this through a personal representative or executor.
The estate’s claim often focuses on recovering financial losses suffered. This includes medical bills, funeral expenses, and lost wages. These damages would benefit the victim’s beneficiaries.
What are the Exceptions or Limitations?
The general rule is that immediate family members have the right to file a wrongful death claim. Some states do impose specific limitations and exceptions.
- Divorced Spouses: A former spouse cannot file a wrongful death lawsuit. It doesn’t matter even if they were once married to the deceased.
- Estranged Family Members. Wrongful death attorneys know estranged family members aren’t allowed to file a case. They don’t have any legal standing to file a claim.
- Non Family Members. Many states don’t accept non family members as plaintiffs in wrongful death cases. Friends or roommates cannot sue even if they are close to the deceased.
Before You Go
Have you lost a loved one due to negligence or wrongful conduct? Warner and Warner are here to help. We are Florida’s premier trial attorneys. Our law firm has the experience and dedication needed to fight for justice. We have done this in many wrongful death cases. Our compassionate team will guide you through every step. They will ensure your rights are always protected. We specialize in vehicle accidents, wrongful death, and defective products. Contact us today at (321) 450-7928. You can also reach us here if you want to schedule a consultation.