Wrongful Death Lawsuit

You're likely reeling when a loved one is killed because of another's negligence. Not only did you lose a person close to you, but you're also dealing with all of the complicated aspects, like deciding how to distribute their assets.

The best response to such a situation is to seek justice through a wrongful death lawsuit.

But who can file one? Who is eligible to file this type of lawsuit?

Below, we'll go into the details of what constitutes a wrongful death and the circumstances that are eligible for a wrongful death lawsuit.


The surviving spouse is usually the only one allowed to file a wrongful death claim on behalf of their deceased spouse. In most cases, the deceased spouse's estate representative is the one who is allowed to file a claim in order to recover damages on behalf of the estate.

The damages recovered can include:
  • funeral and burial expenses
  • lost wages
  • pain and suffering
  • loss of companionship
  • inheritance
  • punitive damages

If there are any surviving children or other financial dependents, they may also be able to recover damages. It is important that surviving spouses are aware of their legal rights.


Yes, children can file a wrongful death lawsuit if a parent has passed away due to the negligence of another person or entity. The claim is brought on behalf of the victim and is usually filed by a surviving family member, including children.

These claims allow a victim's estate to recover damages for medical bills, funeral costs, loss of love and support, grief, and other costs associated with the untimely passing. It can be an emotionally draining experience for the survivor, it is important for children to be aware of this process, as it can be an effective way to hold the wrongdoer responsible and obtain compensation.


Parents can file a legal case if their adult child has passed away due to another’s negligence or recklessness. This civil suit seeks to hold the responsible individual or business accountable for their actions and compensate the aggrieved family for their loss.

Required elements of a wrongful death lawsuit include proving the death was caused by another’s negligence, that the deceased individual is survived by parents, and that the parents have suffered financial and emotional damages due to their child’s death. Though surviving parents may struggle with the concept of suing for damages, it is essential to remember that this is done to provide closure and acknowledgment for the deceased and to hold the responsible individual or entity accountable for their negligent actions.


Siblings are able to file a wrongful death case if their brother or sister has died as a result of another person's negligence. The siblings must show that the death was caused by the other person's conduct and that the deceased could have been prevented from being harmed.

This lawsuit is typically filed on behalf of the deceased's estate to bring closure to the family and also seek monetary damages for the loss of an irreplaceable member. Sometimes, the court may award the siblings any damages the estate may have lost due to the death. For example, if the deceased had income that would have been divided between the siblings, the court could deliver that money to the family.

Domestic or Life Partners

Regarding domestic or life partners, if the death is caused by negligence or maliciousness, the deceased’s life partner or domestic partner may be able to file the claim. Domestic partners typically refer to couples living together in a committed relationship but not married.

Legal counsel may be required to learn more about eligibility requirements and the types of damages available. It is important to remember that this type of lawsuit can only be filed if the other party’s negligence or maliciousness caused the death.

Financial Dependents

This includes any financial contributions the deceased would have made to the dependents and to a trust set up for the dependents, such as college tuition. In some cases, other family members can bring a wrongful death lawsuit if they were financially dependent on the deceased and would have inherited from them if they had not died.

Depending on the jurisdiction, it may also be possible for more distant family members if they can demonstrate that they were financially dependent on the deceased.

Personal Representatives or Executors

The case is typically filed by a personal representative or executor of an estate. If the deceased did not have an executor, or if they had not appointed an executor, the court would have to appoint an administrator to manage the estate.

The personal representative or executor is responsible for filing the wrongful death lawsuit on behalf of all surviving family members, who are entitled to receive damages.

The executor can also file on behalf of the estate itself. The personal representative or executor is obligated to do what is in the best interest of the decedent’s family and will need to build a case to prove that the death of the decedent was an unlawful act caused by the negligence of another rest.

If you believe you have a valid case, it is advisable to contact these accident lawyers for professional assistance.

Other Designated Parties

More specifically, stepchildren adopted children, and putative spouses may also have the right to bring forth a wrongful death lawsuit, as these parties have been identified as having a vested economic interest in the deceased. In situations where a dead person had no close family, a state-appointed representative may be allowed to bring forth a wrongful death lawsuit on their behalf.

Wrongful Death Lawsuit: Legal Rights and Responsibilities

A wrongful death lawsuit can be a devastating experience for the family and loved ones of the deceased. As such, the laws governing these cases are designed to hold wrongdoers accountable and provide for the bereaved.

If you have lost a loved one from wrongful death, contact a wrongful death attorney as soon as possible for a consultation. Your consultations are mostly free, and you can get the justice you deserve.

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