Losing a loved one is devastating, especially when someone else’s actions caused it. This article explains who has the legal right to file a wrongful death claim and what steps to take. If your family is facing this kind of loss, contact National Injury Help. We are here to help you seek justice and compensation.
Losing a loved one is one of the hardest things any family can face. The grief is even more painful when that loss was preventable, when it happened because someone acted carelessly or recklessly. Whether it was a drunk driver, a misdiagnosis at the hospital, a defective product, or a dangerous workplace, the law allows families to seek justice through a wrongful death lawsuit.
A wrongful death case helps a grieving family get two important things: answers and financial support. First, it asks the questions: Why did this happen? Could it have been prevented? And second, it helps cover the losses the family now faces: funeral costs, medical bills, and lost income. Just as importantly, it holds the responsible person or company accountable.
But the process of filing a wrongful death lawsuit can feel overwhelming, especially when emotions are still raw. Not everyone is allowed to file. There are rules about who can bring a case, what kind of losses can be claimed, and how long families have to act. This guide breaks all that down in plain language to help families understand their legal rights across the United States.
What Is a Wrongful Death?
A wrongful death happens when someone dies because of another person or company’s negligence, carelessness, or wrongdoing. The law says that if the person could have filed a personal injury lawsuit had they survived, then their family may bring a wrongful death case instead.
Here are some common examples:
- A person is killed in a car crash caused by a drunk or distracted driver.
- A patient dies because a doctor fails to diagnose a serious condition.
- A worker dies on a job site with no safety gear or precautions.
- A child dies after using a defective toy or choking hazard.
In each of these cases, the law allows the family to ask for both justice and compensation.
Who Is Allowed to File a Wrongful Death Lawsuit?
Every state has its own rules, but most states give certain close family members the legal right to file. Some allow more than one person to file together, while others require a single person, usually called a personal representative, to bring the case on behalf of everyone else.
Let’s walk through the most common groups of people who are eligible to file across the U.S.
The Surviving Spouse
The husband or wife of the person who died is usually the first person eligible to file. They can file the case on their own or choose to file with other eligible family members.
Even if the couple was separated at the time of death but not legally divorced, the surviving spouse may still have legal standing. However, if the divorce was final before the date of death, then the former spouse usually cannot file a wrongful death claim.
In most states, unmarried romantic partners, even long-term ones, do not have the right to file, unless they were named as the personal representative of the estate.
The Surviving Children
Both biological and legally adopted children are typically allowed to bring a wrongful death lawsuit. It does not matter whether the child is an adult or still a minor. Both have the right to file.
Stepchildren usually do not have this right unless they were legally adopted by the person who died. In states that allow it, minor children who file a claim must have a responsible adult, often a parent or attorney, handle the lawsuit on their behalf. This person is sometimes called a “guardian ad litem.”
The Surviving Parents or Legal Guardians
If the person who died was not married and had no children, their parents may be eligible to file. This can include biological parents, adoptive parents, or legal guardians.
Parents of adult children can still file in many states, though the rules may vary. Some states may limit this to situations where the child was financially supporting their parents.
If the death involved an unborn child, wrongful death laws vary widely. Some states allow claims if the baby was born alive but later died due to negligence, while others do not recognize wrongful death rights unless there was a live birth.
The Personal Representative of the Estate
In many situations, a family appoints a personal representative to file the lawsuit on behalf of the entire estate or for all legal beneficiaries. This person can be:
- A family member (spouse, child, parent)
- A close friend
- A court-appointed professional
Even if the personal representative would not qualify to sue on their own, they are still allowed to file on behalf of those who would. When the case is resolved, whether through settlement or verdict, the court divides the compensation among the rightful heirs based on their losses or what is outlined in the deceased person’s will.
This option helps when there are multiple eligible family members or when no immediate relatives step forward.
Who Is Not Allowed to File a Wrongful Death Case?
Even though the loss affects many people, only certain individuals can file a lawsuit.
Those usually not eligible include:
- Siblings (unless appointed as the estate’s representative)
- Grandparents (unless legally appointed to file)
- Unmarried partners or fiancés (unless they are the personal representative)
- Friends and business partners, even if they were extremely close to the person who died
These people may feel just as heartbroken, but courts follow specific rules on who can file. Filing without the legal right can lead to wasted time, court fees, and emotional setbacks.
What Happens When Several People Are Eligible?
When more than one person is legally allowed to file, it’s best to work together. Most courts encourage families to file a single lawsuit instead of multiple claims. A joint case avoids confusion, saves money on attorney fees, and prevents inconsistent outcomes.
Here’s how it typically works:
- One unified lawsuit lists all the eligible family members as plaintiffs.
- A shared legal team represents everyone together to keep the strategy consistent.
- The court or jury determines how any settlement or verdict is divided.
Courts divide compensation based on each person’s loss. For example, a spouse who depended on the deceased for income and companionship may receive more than an adult child who had already moved out and lived independently.
If family members disagree on how to proceed or how to split damages, the court-appointed personal representative can move forward alone, and the probate court will later decide how to divide the money fairly.
Special Rules for Children Filing a Claim
If a minor child is one of the people filing the lawsuit, the court takes extra steps to protect their interests. An adult, usually a surviving parent or court-appointed attorney, handles all legal decisions for the child.
If the lawsuit is successful, the child’s portion of the money is placed in a protected account. The funds stay there until the child turns eighteen, unless the court allows early use for things like school costs, health needs, or other basic living expenses.
This ensures that the money serves the child’s best interests.
How Long Do You Have to File a Wrongful Death Lawsuit?
Each state sets its own legal deadline for filing a wrongful death case. This deadline is known as the ‘‘statute of limitations’’. In most states, families typically have two years from the date of death to take legal action. However, the exact timeline can vary depending on several factors.
For instance, the type of case matters; medical malpractice claims may follow different timelines than car accident cases. If a government agency is involved, you may face even shorter notice periods. Timing can also depend on when the family learned the actual cause of death, which may come later through an autopsy or investigation.
It’s also important to understand filing eligibility. Not everyone can bring a wrongful death claim. Generally, wrongful death beneficiaries such as spouses, children, or parents have the legal right to file, though this can differ slightly by state. Knowing who qualifies can affect whether a family lawsuit after a fatality moves forward or is dismissed.
Missing the deadline almost always means losing the right to file a lawsuit, no matter how strong the case may be. That’s why it’s crucial to speak with a lawyer as early as possible, even if you’re unsure about filing. A qualified attorney can help you understand your options, confirm eligibility, and make sure the right people are included in the claim.
What Can Families Recover in a Wrongful Death Case?
While no amount of money can replace a loved one, the law allows families to recover financial compensation for the losses they suffered. These include:
- Funeral and burial costs
- Medical bills related to the final injury or illness
- Loss of the loved one’s income and benefits
- Loss of companionship and support
- Pain and suffering (in some states)
If the death was caused by especially reckless behavior, the court may also award punitive damages. These are meant to punish the wrongdoer and prevent similar actions in the future.
Contact a Wrongful Death Lawyer Today
There is nothing more painful than losing someone you love. And when that loss was caused by someone else’s careless actions, the grief comes with anger, confusion, and financial strain.
If you are unsure whether you can file a wrongful death lawsuit or if you simply want to understand your rights, we are here to help. At National Injury Help, we speak in plain, everyday language. We listen with compassion. And we fight hard for justice, because your loved one’s story matters.
Call us today at 1 (800) 214-1010 for a free consultation. You don’t have to make any decisions right now, and you pay nothing unless we win your case. Let us help you honor your loved one by holding the responsible party accountable.