Who Can File a Wrongful Death Suit?

Who Can File a Wrongful Death Suit?

Losing a loved one due to someone else's negligence or intentional actions represents one of life's most devastating experiences—catastrophic is not a word strong enough to define the pain of losing someone you love. Survivors look for all ways to get justice for their loss, and filing a wrongful death suit is one of those options for many. If you're considering this path, our wrongful death attorneys can help determine if you have a valid claim.

An attorney will help determine if you can file a wrongful death suit. Spouses, children, and certain other relatives are often eligible for benefits. A lawyer will help you understand your options and how the attorney can pursue the right path for you and your loved ones. For more information about the legal process, visit our guide on wrongful death evidence.

Who Is Eligible to File a Wrongful Death Lawsuit?

The eligibility to file a wrongful death lawsuit varies from state to state, as each jurisdiction has its own specific laws governing these cases. However, certain categories of people are typically recognized across most states as having standing to bring such claims.

Immediate Family Members

In the majority of states, immediate family members hold the primary right to file wrongful death lawsuits, and this includes:

• Surviving spouses: These individuals may have lost their life partner, primary source of financial support, and intimate companion.
• Children: Both minor and adult children of the deceased are recognized as having suffered significant losses when a parent passes away.
• Parents: When an unmarried person without children dies, the decedent's parents often have the strongest claim to file suit.
• Adopted children and adoptive parents: Most states treat adopted children identically to biological ones in the context of wrongful death cases.

An attorney will review your family tree to determine who may be eligible to pursue a wrongful death claim.

Extended Family and Dependents

Others who may be eligible for compensation through a wrongful death suit are:

• Grandparents: These family members may file suit, particularly when they were financially dependent on the deceased.
• Siblings: In certain circumstances, primarily when no spouse, children, or parents survive the deceased, siblings may pursue compensation.
• Financial dependents: Individuals who relied on the deceased for financial support may have standing even if they aren't related by blood.
• Life partners: Some states recognize domestic partners or individuals in long-term committed relationships as eligible to bring a wrongful death suit.

The law can be nuanced, and having a lawyer's eye evaluate your case will result in advice you can trust and move forward with. When choosing legal representation, consider these essential qualities in a wrongful death attorney.

Personal Representatives and Estates

The concept of personal representatives filing wrongful death suits serves an essential organizational function in the legal system. Many states streamline the process by requiring a single person to represent all interested parties rather than allowing multiple family members to file separate lawsuits that might conflict with each other.

This personal representative, often referred to as an executor or administrator, assumes responsibility for pursuing the case in the best interests of all beneficiaries. The personal representative is typically someone who knew the deceased well and understands their values, relationships, and wishes.

When someone dies with a will, they often name a trusted person to handle their affairs. If no will exists, probate courts generally appoint close family members, usually following a statutory preference that prioritizes spouses, then adult children, then parents, and so forth.

An attorney will provide you with advice specific to the decedent's estate, explaining exactly how the personal representative (or other eligible parties) should proceed in pursuit of justice.

What Events Can Lead to Wrongful Death Suits?

Wrongful death lawsuits can arise from virtually any situation where someone's negligent, reckless, or intentional actions cause another person's death. The key legal requirement is that the death resulted from conduct that would have given the deceased person a right to file a personal injury lawsuit if they had survived.

This broad standard encompasses a wide range of scenarios, from simple accidents to complex professional negligence.

Some categories of incidents (with specific examples alongside the categories) that may lead to a wrongful death lawsuit are:

• Medical malpractice: Surgical errors, misdiagnosis, medication mistakes, birth injuries, nursing home neglect.
• Motor vehicle accidents: Drunk driving, distracted driving, reckless driving, commercial vehicle crashes, defective vehicle components.
• Workplace incidents: Safety violations, toxic exposure, construction accidents, industrial accidents, equipment failures.
• Criminal acts: Assault and battery, homicide, drunk driving, and negligent security incidents.
• Product defects: Defective medical devices, dangerous pharmaceuticals, faulty consumer products, contaminated food.
• Premises liability: Slip and fall accidents, inadequate security, structural collapses, swimming pool drownings.
• Aviation accidents: Pilot error, mechanical failures, air traffic control mistakes, and maintenance negligence.
• Maritime accidents: Boating collisions, drowning incidents, commercial fishing accidents, and cruise ship incidents.
• Pedestrian and bicycle accidents: Vehicle strikes, dangerous road conditions, inadequate traffic controls.
• Public transportation accidents: Bus crashes, train derailments, subway incidents, taxi/rideshare accidents.
• Recreational activity deaths: Amusement park rides, sports injuries, camping accidents, extreme sports incidents.
• Elder abuse and neglect: Nursing home abuse, medication errors, falls, inadequate supervision.
• Dog attacks and animal incidents: Vicious dog attacks, exotic animal escapes, livestock accidents.
• Environmental hazards: Toxic waste exposure, chemical spills, gas leaks, carbon monoxide poisoning.
• Fire and explosion cases: Building fires, gas explosions, electrical fires, arson incidents.

If your loved one passed away in preventable circumstances, you should speak with a lawyer about filing a wrongful death suit.

The Legal Duties of Wrongful Death Lawyers

Wrongful death attorneys shoulder significant responsibilities when representing grieving families. The lawyer knows that the burden of completing a case pales in comparison to the burdens of grief that their client is suffering, and they're eager to help that client.

While each case requires a unique approach and has unpredictable developments, a wrongful death attorney must generally handle:

Investigation of the Wrongful Death

The investigation process typically involves securing the scene related to the case, interviewing witnesses as soon as possible, and collaborating with experts to preserve vital evidence.

Using Their Legal Training and Experience to Build a Successful Case

Building a compelling wrongful death case requires extensive legal work beyond the initial investigation, which includes:

• Case analysis: Attorneys research similar cases and analyze recent legal developments to establish a strong foundation for their arguments.
• Legal theory development: Legal teams craft compelling arguments to persuade judges and juries to rule in their favor.
• Recovery sources: Lawyers identify all possible defendants, possibly including insurance companies, government entities, and corporations that may be liable.
• Damage calculations: Attorneys work with economists to project future earnings and present credible financial projections to liable parties.

Case development also requires calculating complex damages, accounting for inflation, and economic factors in ways that juries can understand.

Securing a Settlement or Going to Court

Wrongful death attorneys must carefully evaluate whether to pursue a settlement or proceed to trial, taking into account both the strength of the case and the family's specific needs and circumstances. This decision has a significant impact on the timeline, costs, and potential outcomes of the case.

While most civil cases settle, there can be numerous reasons to take a wrongful death case to trial. Your attorney will help you understand your options and the pros and cons of each course of action.

Emotional and Psychological Support for Grieving Families Is a Wrongful Death Lawyer's Non-Negotiable Duty

Wrongful death attorneys recognize that families need comprehensive support during their darkest hours. Grief, especially from sudden deaths, can be totally debilitating, and an experienced wrongful death lawyer may have several resources that directly benefit their grieving client(s).

Your lawyer's support will extend beyond courtroom advocacy to address the human elements of loss and grief, possibly assisting you by:

• Adjusting their approach to accommodate your grief: Attorneys provide extra time for decisions, explain concepts repeatedly, and accommodate emotional variability that affects decision-making capacity.
• Connecting you with professional support: Attorneys refer families to grief counselors, financial advisors, and other specialists familiar with wrongful death cases.
• Assisting with practical matters: Some attorneys help clients with life insurance claims, health insurance issues, disability benefits, and daily life challenges.
• Protecting the family's privacy: Attorneys control media inquiries, minimize intrusive discovery, prepare families for depositions, and maintain confidentiality throughout the legal process.
• Defend against inappropriate investigation: Attorneys challenge unnecessary discovery requests and prevent defendants from using personal information to reduce damage awards.

Your lawyer will be compassionate, above all else. This compassion is precisely what anyone who has lost a loved one needs and deserves.

Pain by the Numbers: Types of Damages in Wrongful Death Cases

Wrongful death lawsuits compensate families for losses resulting from their loved one's death. Damages fall into several categories, with availability varying by state law, and the three primary categories of damages (with examples for each sub-category of harm) are:

Economic Damages

Economic damages represent measurable financial losses, which can be catastrophic when someone passes away. Yours may include:

• Lost income: Income, salary, and benefits the deceased would have earned over their expected working life, adjusted for inflation.
• Lost household services: The economic value of the domestic work, childcare, and home maintenance that the deceased provided.
• Medical expenses: Costs related to the fatal injury or illness.
• Funeral and burial costs: Reasonable expenses for funeral services and burial or cremation.
• Loss of inheritance: Money and property that the deceased may have accumulated for family members over the remainder of their life.

The loss of a loved one is about so much more than their financial value. That said, the statistics show that a fatal accident is far more costly—in monetary terms alone—than a non-fatal one.

Non-Economic Damages

Non-economic damages reflect the fact that, when a loved one passes away, the most painful losses have nothing to do with money. Instead, survivors can be most affected by:

• Their pain and suffering: Compensation for the deceased's pain before death, where allowed by state law.
• The loss of a spouse's companionship: Emotional support, love, and guidance that the deceased provided.
• Loss of consortium: The intimate relationship between spouses.
• Psychological and emotional anguish: Emotional distress experienced by surviving family members.
• Loss of protection and guidance: Advice and life guidance that the deceased would have provided.

It is these somewhat intangible types of harm that cut the deepest when you have to face life without someone you love. At the same time, such non-economic damages do not have an obvious financial value (as you'd find on a receipt or income statement), experienced lawyers know how to assign these damages a fair value.

Punitive Damages

Punitive damages are sometimes available in cases involving egregious conduct. For instance, if someone was driving well above the legal limit for alcohol impairment, or they intentionally attacked someone, they might have to pay punitive damages.

Obtaining punitive damages requires an attorney to show evidence of malice, fraud, gross negligence, or reckless disregard for safety. Standards vary by state, but generally require proof that defendants knew their conduct was dangerous and proceeded anyway.

The Statute of Limitations: Defining the Window for Filing Your Wrongful Death Case

Time limits for filing wrongful death lawsuits vary by state and can affect a family's ability to seek justice. Here are the facts:

• You are surely dealing with grief and other challenges that require your full attention.
• You also need to take action to file any wrongful death case before the statute of limitations expires.
• The logical move is to hire your attorney right away so they can handle your case (and meet all deadlines) while you heal from your loss.

The statute of limitations serves essential purposes in the legal system, including ensuring that cases are filed while evidence remains fresh and witnesses' memories are reliable. However, if you miss the deadline, you might miss your window for holding negligent parties accountable for your loved one's death.

Hire a Lawyer to Lead Your Wrongful Death Suit, and Don't Wait to Find Them.

The relationship between grieving families and their wrongful death attorneys often extends far beyond typical attorney-client relationships. These cases involve personal losses and can span several years, from the initial consultation to the final resolution. You need an attorney who understands the legal complexities and the emotional journey families experience throughout the process.

You can find your ideal attorney by completing free consultations. These are your opportunities to learn about firms, interact with them one-on-one, and identify which firm has the qualifications and client-service approach you seek. Don't wait. Contact us today to schedule your consultation and take the first step toward justice for your loved one.