Who Can File a Wrongful Death Lawsuit?

While dealing with the death of a loved one is always painful, it is especially traumatic when the death was caused by another person’s actions or negligence, called a “wrongful death”. Whether your loved one died because of a work-related accident, an automobile accident, medical malpractice, or another cause, if another person or group is at fault for the death, you may be able eligible to file a wrongful death lawsuit.

State Law and Wrongful Death Charges

In all states, immediate family members (such as spouses and children) of the deceased can file a wrongful death lawsuit. However, state laws on who may file wrongful death charges vary, and contacting a wrongful death lawyer is the best way to make sure you have all your information. State laws vary regarding:

• Children who are minors: Some states require appointment of a legal guardian (a guardian ad litem) to look out for minors’ interests in the lawsuit.
• Distant relatives and legal dependants: Some states allow distant family members (such as grandparents) or legal dependants to file a wrongful death lawsuit.
• Parental rights: In the event of a child’s death, some states do not permit parents to press wrongful death lawsuits if the child died in-utero.

• The defendant: If the person who caused the death is a member of the deceased’s family, while subject to criminal penalties, he or she cannot be sued by another family member. State law determines whether a non-blood relatives may be sued.
• The statute of limitations: Survivors have a limited amount of time (a statute of limitations) after a wrongful death to file charges. Survivors cannot bring charges once the time limit has passed.

Contact a Wrongful Death Attorney

If you have suffered the wrongful death of a loved one, you need the best legal representation available. To find out if you may file a wrongful death lawsuit, locate a wrongful death attorney in your area to represent your case.