Who Can File a Wrongful Death Lawsuit?

Wrongful death claims are some of the most serious and sensitive there are. In most states, a wrongful death happens when someone dies because of the negligence or intentional action of another person(s). Since the deceased individual cannot file a lawsuit for damages, the law states another person can bring legal action in civil court on behalf of the victim. As you can imagine, wrongful death lawsuits are rather complicated and require a great deal of legal knowledge.

In the event you lose a loved one in an accident or other crime, it is important you understand the ins and outs of filing a wrongful death lawsuit and learn who is eligible to take this type of claim to court. In a nutshell, wrongful death claims allow the estate of the deceased person to file a lawsuit against the person or persons responsible for their death. In most states, the lawsuit is filed by a representative of the estate on behalf of the deceased’s surviving family members.

Who is Eligible to File a Wrongful Death Claim?

It is important to keep in mind that wrongful death laws vary from state to state, which is why it is important to contact a reputable wrongful death attorney in your state if you have lost a loved one in a questionable incident. With that in mind, in most cases the following criteria must be met in order for a wrongful death lawsuit to be filed:

• You are an immediate family member of the deceased victim
  • This will include spouses, parents, and children of the deceased
  • In some states grandparents and extended family members are also eligible to file a claim
• You are an immediate family member of the deceased victim
  • This will include spouses, parents, and children of the deceased
  • In some states grandparents and extended family members are also eligible to file a claim

These are general guidelines to follow when considering filing a wrongful death claim. Again, laws differ from state-to-state, making these types of cases quite confusing for family members. Here are a few other tidbits to keep in mind when looking at eligibility for filing a wrongful death claim:

• Some states allow members of a civil union or domestic partnership to file a wrongful death claim on behalf of their deceased partner
• If the deceased is a single adult, the majority of states allow distant relatives (including grandparents, siblings, and aunts and uncles) to bring the wrongful death claim to court
• Every state allows a wrongful death claim to be filed by immediate family members
• If the deceased was married, it is typically the surviving spouse who brings the lawsuit
• If the deceased was an adult, some states allow an adult child to file a wrongful death claim

We hope that this sheds a little more light on who can file a wrongful death lawsuit. To learn more about the wrongful death laws specific to Texas, please contact Rad Law Firm today.