Call Christina Now Logo | Free Accident Helpline

AVAILABLE 24/7

SE HABLA ESPANOL

Who Is Eligible to File a Wrongful Death Lawsuit?

February 3, 2025

Understanding Your Rights:

Who Can File a Wrongful Death Lawsuit and When

Nature's Symphony

Breathtaking colors of our planet
Button

The loss of a loved one is an incredibly difficult and emotional experience. If the death was caused by someone else’s actions—whether intentional or negligent—the surviving family members might be entitled to file a wrongful death lawsuit. This legal action can help families seek justice and financial compensation for their loss. But who exactly is eligible to file such a lawsuit? In this blog, we will break down who can file a wrongful death claim and what is involved in the process.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil case brought by the survivors of a deceased individual against the party responsible for their death. The person or entity responsible may be held liable for the loss, whether due to negligence, intentional harm, or an accident. 


Common causes of wrongful death claims include:

  • Car accidents 
  • Workplace accidents 
  • Medical malpractice 
  • Defective products 
  • Criminal actions like assault or manslaughter


When a wrongful death lawsuit is filed, the surviving family members seek compensation for the emotional and financial damages caused by the death. The compensation can help cover funeral costs, lost wages, and emotional distress. 

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil case brought by the survivors of a deceased individual against the party responsible for their death. The person or entity responsible may be held liable for the loss, whether due to negligence, intentional harm, or an accident. 


Common causes of wrongful death claims include:

  • Car accidents 
  • Workplace accidents 
  • Medical malpractice 
  • Defective products 
  • Criminal actions like assault or manslaughter


When a wrongful death lawsuit is filed, the surviving family members seek compensation for the emotional and financial damages caused by the death. The compensation can help cover funeral costs, lost wages, and emotional distress. 

Who is Eligible to File a Wrongful Death Lawsuit?

The eligibility to file a wrongful death lawsuit depends on state laws, which can vary. However, there are some general rules that most states follow. Here are the key individuals typically allowed to file a wrongful death lawsuit: 

Immediate Family Members

In most states, the immediate family members of the deceased are the first group eligible to file a wrongful death lawsuit. This group includes: 


  • Spouses: The surviving husband or wife of the deceased is typically the first person eligible to file a claim. 
  • Children: Biological children of the deceased are usually eligible to file a wrongful death lawsuit. This includes minor children, as well as adult children in some cases. 
  • Parents: In some situations, parents may file a wrongful death lawsuit, especially if the deceased was a minor or if there is no surviving spouse or children. 

Life Partners and Financial Dependents

If the deceased did not have a spouse or children, some states allow life partners or those who were financially dependent on the deceased to file a wrongful death lawsuit. This can include:


  • Unmarried partners 
  • Dependent family members (such as siblings or grandparents) who relied on the deceased for support


Laws about who qualifies as a life partner or dependent may vary by state, so it’s important to consult an attorney for clarification. 

Life Partners and Financial Dependents

If the deceased did not have a spouse or children, some states allow life partners or those who were financially dependent on the deceased to file a wrongful death lawsuit. This can include:


  • Unmarried partners 
  • Dependent family members (such as siblings or grandparents) who relied on the deceased for support


Laws about who qualifies as a life partner or dependent may vary by state, so it’s important to consult an attorney for clarification. 

Representatives of the Estate

In some cases, a representative of the deceased’s estate can file the wrongful death lawsuit. This person is usually named in the deceased’s will or appointed by the court. The representative could be:


  • An executor or personal representative:  This person is typically responsible for handling the deceased's estate and may file the wrongful death lawsuit on behalf of the family. 

Extended Family Members

Some states allow other family members, such as siblings, grandparents, or other relatives, to file a wrongful death lawsuit, but this is typically only in specific circumstances. For example, if the deceased did not have a spouse, children, or life partner, extended family members may be permitted to file the claim. 

Who Cannot File a Wrongful Death Lawsuit?

Not everyone who is grieving the loss of a loved one will be eligible to file a wrongful death lawsuit. For example: 


  • Distant relatives: Cousins, aunts, uncles, and other distant relatives generally do not have the legal right to file a wrongful death lawsuit unless they were financially dependent on the deceased. 
  • In-laws: A mother-in-law, father-in-law, or other in-laws are generally not eligible to file a wrongful death claim unless they were legally adopted by the deceased or could prove financial dependency. 
  • Friends and acquaintances: Friends or acquaintances, even if deeply affected by the loss, are not eligible to file a wrongful death lawsuit under most state laws. 

Who Cannot File a Wrongful Death Lawsuit?

Not everyone who is grieving the loss of a loved one will be eligible to file a wrongful death lawsuit. For example: 


  • Distant relatives: Cousins, aunts, uncles, and other distant relatives generally do not have the legal right to file a wrongful death lawsuit unless they were financially dependent on the deceased. 
  • In-laws: A mother-in-law, father-in-law, or other in-laws are generally not eligible to file a wrongful death claim unless they were legally adopted by the deceased or could prove financial dependency. 
  • Friends and acquaintances: Friends or acquaintances, even if deeply affected by the loss, are not eligible to file a wrongful death lawsuit under most state laws. 

What Are the Steps in Filing a Wrongful Death Lawsuit?

If you or your family is eligible to file a wrongful death lawsuit, the process typically involves several key steps: 


Consult with a Wrongful Death Lawyer

It’s important to speak with a lawyer who specializes in wrongful death claims. They can help determine if you have a valid case and advise you on the best course of action. 


Investigate the Incident 

Your lawyer will begin investigating the circumstances surrounding the death. This could include gathering evidence, speaking to witnesses, and consulting experts. 


Filing the Lawsuit 

Once the investigation is complete, your lawyer will file a wrongful death lawsuit in civil court. The defendant (the party responsible for the death) will be notified and will have the opportunity to respond. 


Settlement or Trial 

In many cases, wrongful death lawsuits are settled out of court, but if a settlement cannot be reached, the case may go to trial. Your lawyer will guide you through each step of the process. 

Losing a loved one is always difficult, but when their death was caused by someone else's negligence or intentional actions, it can be even more devastating. Understanding who is eligible to file a wrongful death lawsuit can help families navigate the legal process during this difficult time. If you believe you or your family may be eligible to file a claim, it’s important to seek guidance from a qualified attorney who can help ensure that your rights are protected and that you pursue the compensation you deserve. 



If you’ve lost a loved one due to someone else's actions and believe you may be eligible for a wrongful death claim, don’t wait. Contact us today for a consultation to discuss your options and take the first steps toward securing justice for your loved one. 

Share this blog with others to raise awareness about wrongful death lawsuits. Understanding who is eligible to file a lawsuit can help families navigate the legal process during difficult times.

Share by: