Last Updated: Aug 25, 2026
Read Time: 3 mins
Personal Injury Lawyer
When you lose a family member because of someone’s negligence, it is tragic. When you lose someone due to another person’s actions, you may be able to file a civil lawsuit. Wrongful death lawsuits are a vehicle for loved ones to receive compensation. Here is your guide to who is allowed to file a wrongful death claim.
Who Can File a Wrongful Death Suit?
Every state has its own laws that dictate who can file a wrongful death lawsuit. This is why it is crucial to find out your state’s laws. In many states, it is a family member who suffered damages with the death of a loved one. Damages include:
- Medical bills
- Loss of income
- Pain and suffering
- Loss of companionship
In many states, the family member has to be a spouse, child, or parent of the deceased person. In other states, the only person who can file a wrongful death suit is the personal representative. This is a person chosen on the behalf of the decedent’s estate and for the benefit of surviving family members.
In some cases, a state may give categories to family members. For instance, there are family members that may receive priority over others when it comes to who can file the lawsuit. If you are unsure of the priority, you can always contact a wrongful death lawyer.
Can You File a Wrongful Death Suit?
If you are a surviving family member who can legally file suit under your state’s laws, then the answer is yes. If you are unsure if you have the right to file suit, talk to a wrongful death attorney. An experienced lawyer will know who can and cannot file a wrongful death suit. If it turns out that you are not able to, then he or she can point you in the direction of the person or family member that may be able to. It is important to talk to a lawyer before you file a lawsuit to ensure that you have the right to do so.
A wrongful death lawsuit is always a difficult process. After all, you are already dealing with the death of a loved one, only to have to deal with the court process. To find out that someone else may be responsible for the loss of a family member can be devastating. You don’t have to navigate the case on your own, though. Contact a wrongful death lawyer, as soon as possible for your own advocate.
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