Who Can File a Wrongful Death Suit?

Who can file a wrongful death lawsuit varies state-by-state. Blood relatives and spouses can generally file a lawsuit, while certain other parties may also be eligible to take action after a wrongful death. A wrongful death attorney will review your specific circumstances and explain whether you can file a suit.

Filing wrongful death lawsuits has many important purposes. You may need financial support for direct losses, and winning a lawsuit can also imbue a sense of justice after your tragic loss. Allow an experienced attorney to assist with your case, as lawsuits are often complicated, high-stakes affairs.

Get A Free Consultation

Each State Determines Who Can Sue for a Wrongful Death

State statutes spell out who can file a lawsuit following a wrongful death. In Washington, for example, a spouse, domestic partner, children, and parents can file a wrongful death suit, though circumstances will dictate who is eligible.

A representative of the decedent’s estate may need to formally file the wrongful death lawsuit. For example, Florida law requires the personal representative to file the lawsuit instead of family members (though the personal representative might be a close family member). That said, those who will benefit from a financial settlement or judgment will still include qualified family members.

A Spouse

Most states entitle a spouse to file a wrongful death lawsuit, and this makes sense because:

• Many spouses are financially dependent, either wholly or partially, on their spouse
• Spouses often share deep emotional bonds that are lost when one succumbs to a wrongful death
• Spouses often share in leading and managing a household, and so a void exists when one spouse passes away
• The grief of losing a partner suddenly can be particularly painful, and a wrongful death lawsuit will account for this intense grief

Ex-spouses are not typically eligible to file a wrongful death lawsuit. However, if a divorce was not final at the time of a wrongful death, the spouse may still file a wrongful death lawsuit.

Children

It is plain to see how severely children are affected by a parent’s wrongful death. Children should be part of wrongful death lawsuits because:

• Children are usually totally financially dependent on their parents
• Losing a parent is an immensely traumatic event that, for many, has lifelong emotional and psychological effects
• Children may have to alter their role within a household when a parent passes away, often placing great expectations and responsibilities on them

Nobody should have to experience the pain of a loved one’s wrongful death. When the victim is a child, the wrongful death becomes all the more tragic.

Life Partners

Even if partners are not married, a surviving partner may be entitled to pursue a wrongful death lawsuit. The duration of the relationship and any formalities governing the relationship may be relevant when determining a life partner’s eligibility to sue.

Parents

In many states, parents of the decedent are only eligible to file a wrongful death lawsuit if the decedent does not have a spouse or children. A wrongful death lawyer will review your circumstances and explain whether, as a parent who has lost a loved one, you can file suit.

Other Financial Dependents

If any other parties are financially dependent on the person who passes away, they might be plaintiffs in a wrongful death lawsuit.

Laws surrounding wrongful death cases are complex, and differences from state to state only complicate matters further. Allow an attorney to explain, in easily digestible terms, what options you have after wrongfully losing a loved one.

Circumstances That May Lead You to File a Wrongful Death Lawsuit

Wrongful death attorneys represent clients who have lost loved ones because of:

• Medical malpractice
• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Bus accidents
• Rideshare accidents
• Boat accidents
• Elder abuse
• Animal attacks
• Slip and fall accidents
• Trip and fall accidents
• Exposure to toxic substances
• Deaths related to dangerous and defective products
• Deaths resulting from intentional wrongdoing, such as physical attacks and fires

Anytime negligence or wrongdoing contributes to someone passing away, it is usually grounds to file a wrongful death lawsuit. If you are uncertain whether your loved one’s death happened under wrongful circumstances, speak with attorneys serving your area, and they will evaluate your case.

Damages Often Featured in Wrongful Death Lawsuits

The devastating reach of a wrongful death can be lifelong. Virtually every aspect of your life, including your day-to-day ability to find joy or even contentment, may be affected when a loved one passes away.

Wrongful death lawyers can only determine the true cost of a wrongful death if they:

• Listen to their clients’ detailed, heartfelt accounts of how their loved one’s passing has affected them
• Work with qualified experts, likely including a mental health professional, to diagnose grief and other types of pain and suffering
• Learn about who the decedent was and what they meant to their loved ones
• View their clients’ losses from both an economic and non-economic perspective

If you do your due diligence to find a respected, accomplished lawyer, you should never doubt that they’ll measure the full extent of your losses. Some of the damages that attorneys often include in wrongful death lawsuits are:

Funeral and Burial Costs

Though you likely did not plan on having to pay for a funeral, your loved one deserves a memorable service. Such services can cost thousands of dollars, and an attorney will insist that liable parties cover any funeral, burial, or cremation you elect to have.

Pain and Suffering (Of Course, Including Grief)

Pain and suffering is the common thread that connects every wrongful death case. Whether a loved one’s death was sudden or took time to unfold, survivors often face:

• Grief, which can be debilitating and prolonged
• Depression
• Thoughts of self-harm
• Inability to enjoy life
• Lost quality of life
• Substance use issues
• Changes in mood and personality

Your lawyer will also account for any pain and suffering the decedent endured before they passed away. These kinds of non-economic damages are always an important feature of wrongful death cases, as much of the toll of a wrongful death affects victims psychologically and emotionally.

Counseling and Other Mental Health Services

If you seek grief counseling, try medication, or take any other measures to address grief and other types of pain and suffering, your attorney will determine the exact cost of your treatment. If this treatment is ongoing, your lawyer may wait for treatment to conclude or project the likely cost of future care.

Lost Financial Support

Money is rarely the greatest concern when you lose a loved one. Realizing you won’t see the decedent again is the most piercing reality. That said, an attorney must determine the financial losses you will suffer because of the wrongful death and may seek compensation for the loss of:

• The decedent’s earnings
• Any benefits the decedent provided their dependents through their employer (like health insurance and retirement contributions)
• Any other forms of financial support the decedent provided

Your attorney will likely calculate the value of these damages through the year the decedent should have retired and possibly beyond.

Loss of Consortium

Loss of consortium refers to the non-economic benefits the decedent provided and that survivors have now lost. Loss of a spouse’s companionship is the most common type of loss of consortium, though some states recognize other types (like loss of a parent’s guidance).

Loss of the Decedent’s Household Contributions

A person serves many roles, especially when others depend on them. Your lawyer will calculate the value of household services the decedent provided, which may include:

• Help with everyday chores
• Any security they provided loved ones
• Handiwork, which might have saved loved ones substantial money
• Accounting services

If you face any medical bills related to your loved one’s wrongful death, your lawyer will also include those expenses in your wrongful death suit.

Why Plaintiffs Hire Attorneys to Lead Wrongful Death Lawsuits

When you lose a loved one, it’s commendable to accept help. This is especially true when you have grounds to file a wrongful death lawsuit because:

• You may have no experience with lawsuits (and wrongful death suits in particular): While some people affected by wrongful deaths secure compensation through insurance claims, lawsuits are often necessary. In either case, the process ahead may be highly technical, littered with unfamiliar challenges, and immensely time-consuming. Allow an attorney who has been here before to lead your case from start to finish.
• Grief can be all-consuming: A wrongful death is a world-shattering tragedy. For many, grief alone can be all-consuming, and even completing basic daily tasks may be difficult for a substantial period. Even if you were inclined to, your pain and suffering can make it impossible for you to handle the demands of a wrongful death lawsuit.
• The financial and non-financial stakes of wrongful death lawsuits are immense: A wrongful death lawsuit should put you on strong financial footing for the rest of your life. That is a lofty goal, and it shows how important the outcome of your claim or lawsuit will be. It is unwise to pursue such a high-stakes case without the help of an experienced lawyer.
• An attorney offers many benefits that you can’t otherwise access: A wrongful death attorney offers you legal knowledge, experience with cases like yours, financial resources, and a host of other benefits. Don’t turn them down.

You don’t need to worry about a lawsuit, especially if you’re still mourning your loss. Let a wrongful death lawyer lead the lawsuit so you can process the passing and move forward as soon as possible.

The Contingency Fee Arrangement Ensures You Can Afford a Wrongful Death Lawyer

Many people wrongfully believe that a wrongful death lawyer will cost them a significant sum of money. The truth is that most wrongful death attorneys use contingency fees, an arrangement that ensures anyone can afford representation.

When a lawyer offers a contingency fee, it means:

• You don’t pay the law firm out of your own pocket under any circumstance
• The law firm must obtain compensation for you before it earns its fee
• The lawyer’s fee will come from the settlement or verdict they obtain for you
• You don’t face any financial risk when you hire a lawyer (instead, the firm accepts the risk)

Those coping with a loved one’s loss should not have to add financial stress to their concerns. With this no-risk fee agreement, you can retain a lawyer without any stress about the cost.

You Can Work Through Your Loss While Your Attorney Fights for Justice

A wrongful death lawyer will shield you from the likely difficult details of the case. Beyond protecting you, your lawyer will wage a detailed, relentless fight to secure the justice you and your loved ones deserve.

Some of the duties your wrongful death attorney will perform include:

Establishing Liability for Your Loved One’s Wrongful Death

Your attorney will determine who has financial responsibility for your loved one’s passing. This will require them to investigate and document the circumstances of the wrongful death.

Learning and Documenting the Cost of Your Loss

Attorneys are patient listeners who need to hear your story. Your legal team may document your recoverable losses using:

• Your testimony about the roles the decedent occupied in their household
• A mental health expert’s testimony about your grief and other forms of pain and suffering
• Past income records showing lost financial support

The documentation and calculation of your losses is complicated. Let a lawyer prove how the wrongful death has taken a toll on you and your loved ones.

Negotiating a Settlement for You and Your Loved Ones

Your lawyer will calculate the financial cost of all losses resulting from your loved one’s passing. They will then seek a fair settlement from liable parties.

Your wrongful death lawyer will file a lawsuit and proceed to trial if necessary. Trust a lawyer to do right by you, as that’s the vow they take when they accept your case.

Don’t Wait to Hire a Wrongful Death Attorney

Wrongful death cases in every state generally have filing deadlines. Don’t wait to hire a lawyer; they will need to file your lawsuit before the statute of limitations expires.