Who has the legal right to file a wrongful death lawsuit?

If someone you love gets fatally injured by someone else who had a legal duty to provide for their safety, then you might be eligible to file a lawsuit and recover compensation.

Not every fatality rises to the legal level of a wrongful death case, though, and your rights to pursue a claim could be limited based on your specific relation to your loved one. So, who can file a wrongful death lawsuit? It depends on your relationship with your loved one, the state you’re living in, and whether anyone else is attempting to seek out a claim. Let’s breakdown everything below.

Who Can File a Wrongful Death Lawsuit? State-By-State Guide

If you’re wondering who can file a wrongful death suit after a fatal accident, the answer hinges on where you plan on pursuing the lawsuit. Below, we’ll go over a state-by-state guide on who can file a wrongful death claim based on where the claim will get filed.

1. Alabama: Only the personal representative of the estate unless the victim is a minor.
2. Alaska: Only the personal representative of the estate.
3. Arizona: Surviving husband, wife, child, parent, guardian, or personal representative of the estate.
4. Arkansas: Only the personal representative of the estate.
5. California: Surviving spouse, children, or individuals who would be entitled to recover by intestate succession.
6. Colorado: Surviving spouse in the first year, children or parents in the second year after the death.
7. Connecticut: Only personal representative of the estate.
8. Delaware: Surviving spouse, children, or parents.
9. District of Columbia: The personal representative of the estate.
10. Florida: The personal representative of the estate.
11. Georgia: Surviving spouse, children, parents.
12. Hawaii: Personal representative of the estate, surviving spouse, children, or parent.
13. Idaho: Personal representative of the estate or the deceased’s heirs.
14. Illinois: Personal representative of the estate.
15. Indiana: Personal representative of the estate.
16. Iowa: Personal representative of the estate, surviving spouse, children, or parents.
17. Kansas: Personal representative of the estate.
18. Kentucky: Personal representative of the estate.
19. Louisiana: Surviving spouse, children, parents.
20. Maine: Personal representative of the estate.
21. Maryland: Surviving spouse, children, parents.
22. Massachusetts: Personal representative of the estate.
23. Michigan: Personal representative of the estate.
24. Minnesota: Surviving spouse, children, parents, grandparents, siblings.
25. Mississippi: Personal representative of the estate, surviving spouse, parent, child, siblings.
26. Missouri: Surviving spouse, children, descendants of children.
27. Montana: Personal representative of the estate.
28. Nebraska: Personal representative of the estate.
29. Nevada: Personal representative of the estate, surviving spouse, children, parents.
30. New Hampshire: Any person who has an interest in the estate of the deceased.
31. New Jersey: Personal representative of the estate.
32. New Mexico: Personal representative of the estate.
33. New York: Personal representative of the estate.
34. North Carolina: Personal representative of the estate.
35. North Dakota: Personal representative of the estate, surviving spouse, children, parent, grandparent.
36. Ohio: Personal representative of the estate.
37. Oklahoma: Personal representative of the estate.
38. Oregon: Personal representative of the estate.
39. Pennsylvania: Personal representative of the estate.
40. Rhode Island: Personal representative of the estate.
41. South Carolina: Personal representative of the estate.
42. South Dakota: Personal representative of the estate.
43. Tennessee: Surviving spouse, children or next of kin, parents, personal representative of the estate.
44. Texas: Surviving spouse, children, parents.
45. Utah: Heirs or personal representative of the estate.
46. Vermont: Personal representative of the estate.
47. Virginia: Surviving spouse, children, grandchild, parents, siblings, anyone entitled to an inheritance.
48. Washington: Personal representative of the estate, surviving spouse, children.
49. West Virginia: Personal representative of the estate.
50. Wisconsin: Personal representative of the estate, surviving spouse, children, parent.
51. Wyoming: Personal representative of the estate.

The Role of a Personal Representative in Wrongful Death Cases

In a wrongful death lawsuit, a personal representative acts on behalf of the fatally injured person. This representative has all the same rights that the deceased would have if they survived the accident. That means the personal representative can file a claim for compensation.

The personal representative also has responsibilities. They must oversee the estate and go through the probate process. If you need help with the process, then it’s best to consult with a wrongful death lawyer that can help.

Eligible Family Members: Understanding Your Rights

Do you believe that you’re an eligible family member who can pursue a wrongful death claim on behalf of your lost loved one? Any eligible family members who have suffered losses, like a loss of companionship or pain and suffering, can pursue wrongful death damages, but only one lawsuit may be brought. In other words, if several family members pursue compensation, the case will be consolidated together into one claim.

The average wrongful death settlement is then divided among the family members seeking compensation. Some family members may be entitled to more than others. For instance, the spouse is likely to receive more pain and suffering compensation than a distant cousin.

Factors Affecting Your Right to File a Wrongful Death Lawsuit

A legal survival action situation only arises when negligence plays a role in the deceased person’s passing. If the other party did not have a legal duty to provide for your loved one’s care or your loved one caused the accident, then that will affect your ability to get compensation. In order for a claim to be valid, negligent parties must have caused the incident to be considered liable for the accident.

Time can also impact your claim. Wrongful death statutes in each state only give you a limited amount of time to file a lawsuit. Typically, you’ll have anywhere from one to three years after the accident to seek out a case on behalf of your loved one.

Why You Need a Lawyer for Your Wrongful Death Case

Since managing the estate of the deceased and pursuing a lawsuit can be very complicated, choosing a personal injury lawyer with the right experience is usually the best option. The right lawyer will take care of all the legal aspects of your case from filing the right paperwork to compiling the proper evidence.

Are you wondering who can sue for wrongful death and how to go about the process? Here at Kermani LLP, our team of skilled wrongful death lawyers understands how emotionally difficult your current situation is all around.

We want to offer our empathetic legal counsel to help you and your family financially recover. We’ll handle the legal aspects of your case while you focus on what’s most important – grieving and supporting your family.

Reach out now to schedule a free case evaluation with our team to get started.