Who Can File a Wrongful Death Suit?

October 21, 2024 | By Lewis Law
Who Can File a Wrongful Death Suit?

Determining who can file a wrongful death suit is entirely dependent on the state. To understand your legal right to file a claim, consult a Winder wrongful death lawyer. They will advise you on your right to a wrongful death suit, inform you of the possible outcomes, and guide you through the process of your case.

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Understanding Who Can File a Wrongful Death Suit

A general order of priority for wrongful death suits outlines who has a right to sue in wrongful death lawsuits. Typically, the order of priority is as follows:

Surviving Spouses

If the victim was married, generally, the surviving spouse has the highest priority for filing a wrongful death suit. A surviving spouse must be legally married at the time of a person's death to be first in line to file a claim.

Some circumstances may cause the surviving spouse to be ineligible. For example, suppose the parties were separated for years before the decedent's death or involved in a divorce. In that case, a court may appoint the next family member in the order of priority to bring the wrongful death suit.

Pile of books and Wrongful death lawsuit

Romantic or Domestic Partners

Romantic or domestic partners who are unmarried may be eligible for filing a wrongful death suit. However, the laws vary by state. Some states recognize the relationship as authoritative as a surviving spouse concerning wrongful death suits.

Speak with an attorney in your state immediately to clarify the laws surrounding domestic partnership beneficiaries in wrongful death suits in your state.

Surviving Children

If there isn't a surviving spouse, the biological children of the deceased parent have a right to pursue a wrongful death suit. Depending on the state, stepchildren, adopted children, and foster children may also have the right to file a claim. Contact a wrongful death attorney to understand your state's law and your legal rights.

Surviving Parents

In the case of wrongful death being a minor or unmarried and without children, the victim’s parents have a right to pursue a wrongful death suit. Depending on the state, stepparents, adoptive parents, and foster parents may be within their rights to bring a wrongful death suit.

Secondary Beneficiaries

If there are no primary beneficiaries (surviving spouse, children, parents), secondary beneficiaries can seek compensation in a wrongful death suit. Secondary beneficiaries include siblings, grandparents, aunts, uncles, and distant relatives. They may also include people who are unrelated but financially dependent on the deceased.

Executor 

An executor is a personal representative named in the wrongful death victim’s will. If a personal representative exists, they have the right to pursue a wrongful death suit. If the wrongful death victim named no one in a will, the order of priority is considered.

Administrator 

An administrator is a personal representative appointed by the court. If a person dies without a will, anyone may request to be appointed administrator of the decedent’s estate. If more than one person applies, the court will designate the more qualified person.

What Happens If Multiple Eligible Parties Want to File a Wrongful Death Suit?

Again, the answer to this question varies by state. Many states only allow one wrongful death suit to be filed for the victim. Others will generally consolidate the individual lawsuits into a single wrongful death case.

Sometimes, if family members aren't in agreement, they can file separate lawsuits through different law firms. Speak with a wrongful death lawyer to discuss the specifics of your state and wrongful death case.

What Types of Compensation Can People Recover in Wrongful Death Suits?

Victims can recover various damages in their final compensation. These damages fall into three categories: economic, non-economic, and punitive.

Economic Damages

Economic damages are easy to prove in a wrongful death case because they come with a paper trail. Keep your receipts and invoices for all out-of-pocket expenses and financial losses, such as:

  • Medical Costs: Medical expenses, including emergency services, surgeries, doctor follow-ups, rehabilitation services, prescriptions, co-pays, medical equipment, and devices.
  • Property Damages: Any property damaged or lost caused by the accident leading to the wrongful death, such as their vehicle, home, and personal property. 
  • Lost Income: Lost income includes all monetary losses suffered professionally, such as lost income due to accident, loss of benefits, and loss of earnings capacity. For example, if the victim was 25 and had 40 more years in the workforce, their annual salary over 40 years may be a portion of the compensation.
  • Final Arrangement Costs: All expenses associated with the victim’s funeral and burial or cremation.
  • Loss of Inheritance: If the wrongful death victim was in line to receive an inheritance but died too soon, you may be entitled to recover it legally.
  • Finally, if the victim provided household services like cooking, cleaning, and childcare, you can seek compensation in a wrongful death suit for those lost services. That is proven on your need to hire outside help to provide these services.
 senior woman making stop gesture with palm, against nursing home abuse

Non-Economic Damages

General or non-economic damages are money paid to a beneficiary in wrongful death suits due to the harm caused by the victim’s death, not because of financial loss. For example:

  • Pain and suffering the victim endured before death
  • Emotional distress
  • Loss of consortium (companionship, love, and affection, especially for surviving spouse)
  • Loss of parental care (the deceased parent’s training and guidance)
  • Decreased quality of life for survivors

Because non-economic damages are non-monetary, calculating their monetary value can be more challenging. Limits on the non-economic compensation that can be awarded in wrongful death suits vary by state.

How to Prove Non-Economic Damages in a Wrongful Death Suit

Non-economic damages are intangible losses without a paper trail. However, these practices and actions may help establish evidence of non-economic damages and the right to compensation.

  • A wrongful death injury journal with detailed and consistent entries documenting emotional distress
  • Photos and videos contrasting the Plaintiff's decline in quality of life before and after the loss of a loved one
  • Mental health diagnoses resulting from the wrongful death of a loved one

Witness testimony may also help prove non-economic damages in a wrongful death suit. Witnesses may be a best friend, boss, coworker, or family member who can attest to dramatic changes in your physical and mental state.

Punitive Damages

Punitive damages may be awarded in a wrongful death suit (in some states) if the defendant's actions were particularly heinous, malicious, and intentionally reckless. A wrongful death attorney can assess your case and determine if punitive damages can be claimed.

How Much Does a Wrongful Death Suit Lawyer Cost?

Most wrongful death lawyers work within contingency arrangements with their clients to alleviate the burden of adding expenses during your difficult time. This service allows everyone to obtain legal representation to seek justice and compensation in their wrongful death suit.

Hire A Wrongful Death Attorney When You Have Suffered The Loss of A Loved One

Schedule a free consultation with a personal injury attorney today. They will handle the legal process of a wrongful death suit for just compensation.

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