Who has the legal right to take action after the wrongful death of a loved one? That question can be overwhelming during a time of grief, but knowing the answer is the first step toward justice.
A wrongful death claim allows certain family members or representatives to seek compensation when someone’s death was caused by negligence or wrongdoing. Understanding who can sue for wrongful death is key to starting that process.
Today we’re taking a closer look into eligibility, legal procedures, and the types of compensation that may apply in a wrongful death lawsuit.
Who Can Sue for Wrongful Death?
Each state has its own laws about who may bring a wrongful death lawsuit. These laws are based on family relationships and how closely someone was connected to the person who died.
Most states only allow certain people to file the claim, and others may be left out. It’s important to understand how this works before starting legal action.
Three main types of people can usually bring a wrongful death lawsuit:
- Immediate family members like spouses and children
- Parents or legal guardians of the deceased
- Personal representatives or executors of the estate
Immediate Family Members Like Spouses and Children
In most cases, the surviving spouse is the first person allowed to file. If there are children, they often have the right to file a claim too.
It includes both minor and adult children. Courts often view these people as the ones most directly affected by the death. They may have lost income, care, or emotional support.
Parents or Legal Guardians of the Deceased
If the person who died was a minor or had no spouse or children, the parents may have the right to sue. It can apply in situations where a child or young adult dies due to another person’s actions. In some states, parents of an adult child may be allowed to file, but that often depends on financial dependence or the absence of a spouse or children.
Personal Representatives or Executors of the Estate
Some states limit the right to sue to the personal representative of the estate. This person files the lawsuit on behalf of all beneficiaries.
The court may appoint someone if the deceased didn’t name one. Any compensation awarded is usually divided according to state laws or the will.
Criteria for Filing a Wrongful Death Lawsuit
Not every death caused by someone else’s actions qualifies as wrongful death. To move forward with a case, certain legal points must be met. These help the court decide if the death legally counts as wrongful and if damages can be awarded.
There are four main criteria for wrongful death:
- A duty of care existed
- That duty was broken
- The breach caused the death
- There are damages linked to the death
A Duty of Care Existed
The first step is showing that the person who caused the death had a legal duty to act with care. It depends on the relationship between the parties.
For example, a doctor has a duty to provide safe medical care. A driver must follow traffic laws. If there’s no duty of care, the case may not qualify.
That Duty Was Broken
Next, the case must prove that the duty of care was not met. This is a breach.
A breach could mean ignoring safety rules, acting carelessly, or doing something reckless. The court looks at what a reasonable person would have done in the same situation.
The Breach Caused the Death
There has to be a clear link between the careless act and the person’s death. If the death had another cause, the case may not succeed. Medical records, expert opinions, or witness statements often help show this connection.
There Are Damages Linked to the Death
Lastly, the family or estate must show they suffered losses from the death. These could include medical bills, funeral costs, or lost income. Without some kind of damage, a wrongful death lawsuit usually can’t move forward.
Damages in a Wrongful Death Case
When someone files a wrongful death lawsuit, they’re usually seeking financial recovery for the losses caused by the death. These are sometimes called economic damages.
They cover things that have a clear dollar amount. That may include medical bills from the person’s final care, funeral costs, and the loss of income the person would have earned.
If the person supported a household, their death may leave a large financial gap. These numbers are often backed up with bills, records, and expert opinions.
Non-Financial Losses Like Emotional Suffering
These damages don’t have a set dollar value, but they still matter. Courts may award money for pain and suffering, loss of companionship, and emotional distress.
It’s meant to account for the personal impact of losing a spouse, parent, or child. Every relationship is different, so the value depends on how the death changed the lives of surviving family members.
Punitive Damages in Rare Situations
Sometimes a wrongful death lawsuit includes a request for punitive damages. These are not meant to repay the family but to punish the person who caused the death. ‘
They’re only used when the actions are especially reckless or harmful. Not every state allows these, and they’re not common in most cases.
The damages in a wrongful death claim can make a real difference for families dealing with loss. They help cover the costs of daily life and give some recognition to what was taken away.
Wrongful Death Legal Aid
Understanding who can sue for wrongful death helps families take the first step toward justice. Each case is different, but knowing your legal rights and what to expect makes the process clearer. With the right support, it’s possible to seek answers and recover from the loss of a loved one.
At Kearney, Freeman, Fogarty & Joshi, PLLC, we’ve proudly served Northern Virginia for over 30 years. Our Fairfax law firm focuses on personal injury, criminal defense, and family law. We’ve earned our clients’ trust through consistent, skilled representation. Each case matters to us, and we’re committed to delivering results.
Get in touch today to find out how we can help with your case!
