Losing a loved one is devastating, especially if their death was due to an act of negligence. In such tragic circumstances, wrongful death claims provide a legal avenue for the surviving family and relatives to seek justice and compensation.
These claims help hold the responsible parties accountable for their actions. Understanding the eligibility to file a wrongful death lawsuit is essential, as the right to file is limited to certain individuals.
This article aims to clarify who can file a wrongful death lawsuit. First, let’s take a look at the definition of wrongful death.
What is Wrongful Death?
Wrongful death is when a person dies because of negligence or misconduct of another individual, company, or entity. Unlike a civil lawsuit, which aims to punish the offender, a wrongful death lawsuit provides financial compensation to those left behind.
Most of these cases arise from situations like:
- Car accidents
- Medical malpractice
- Workplace incidents
- Defective products
In wrongful death cases, the deceased is referred to as the “decedent.” Contrary to popular belief, you don’t have to wait for criminal trials to file for wrongful death. You can start the litigation process even if the state prosecutors don’t pursue criminal charges.
To win a wrongful death case, you must prove that the defendant’s action or failure to act directly caused the death. This includes establishing they had a duty of care towards the deceased that was breached and resulted in fatal harm.
Parties Eligible to File a Wrongful Death Case
The eligibility requirements for a wrongful death lawsuit vary from state to state. Some states are stricter, while others have a broader eligibility requirement.
Some areas even allow non-family members of the decedent to pursue legal action as long as they have a close relationship. In most states, the statute of limitations for filing a wrongful death case is two years. If this time runs out, the court will dismiss your case.
However, those planning to sue the government and state have to file a “notice of claim” shortly after the death. Here is a closer look at the two main parties most states allow to file a wrongful death case.
Immediate Family Members
In most cases, those eligible to file wrongful death cases are the immediate family of the deceased. These include
- The spouse
- Children (biological and adopted)
- Parents (in some cases)
- Siblings (in some cases)
The spouse is typically the first person eligible to file this lawsuit. The court recognizes the spouse’s right to seek compensation for income, companionship, and emotional distress.
Surviving parents and siblings can file the case if the decedent had no spouse or children. In some states, distant blood-related persons and grandparents are next in line.
If, by any chance, no relatives are left, domestic partners and financial dependents can be allowed to sue.
Personal Representatives of the Deceased
A personal representative is an individual responsible for managing the deceased’s estate and ensuring their financial and legal affairs are in order. A personal representative is either appointed by the deceased or if the decedent passed away in “testate.”
If there was no will, the court would appoint a representative. When they win the wrongful death, compensation is distributed to the beneficiaries. Only a personal representative can file a wrongful death case in states like Illinois, Kentucky, Maine, and Indiana.
Conclusion
Filing a wrongful death case is very important for those seeking compensation. However, since this privilege is limited to a few people, it is necessary to understand who is eligible to bring the matter to court. Since eligibility varies from state to state, consider seeking legal counsel for professional advice.