24 Hour Toll Free Help

Who is Allowed to File a Wrongful Death Claim?

If the death of your loved one or family member happened as a result of the willful, negligent, deliberate or reckless act of another party, the death then becomes what is known as a “wrongful death

This is true regardless of whether the act that brought about the death was done by a person or persons, or an entity or company. An entity or company could be a car manufacturer in which a malfunctioning car part was responsible for the wrongful death.

You should also know that the intent of the party responsible for the death of your loved one or family member has nothing to do with whether the death is looked at as a wrongful death. The intent of whoever caused the death of your loved one or family member may have been either intentional or unintentional. It does not matter. Any unnatural death that is due to the behavior of another party is regarded as a wrongful death.

There is nothing that could ever replace your loved one or family member. No amount of money or recovery of damages can make up for the life that has been lost. However, you would like to see that justice is done. You would like to see whoever was responsible for the wrongful death of your loved one or family member be held liable and accountable for their actions.

A wrongful death claim is a legal in which a decedent’s heirs and other beneficiaries are permitted to take action against whoever caused the death of the decedent. Wrongful death claims are governed by statue, and these statutes vary from state to state.

Filing a Wrongful Death Lawsuit


Most states allow the next of kin, children or a surviving spouse to file a wrongful death claim. There are some states that permit a surviving spouse to file a wrongful death claim even though they may have been separated from their deceased spouse. This is not allowed if the surviving spouse is guilty of failing to provide support or desertion.

Usually, parents are allowed to file a wrongful death claim for the death of their child, and children are permitted to do so for their parents. Parents are not allowed to file a wrongful death claim for an adult child in some states, and only children who are minors are permitted to do so for parents in some states.

If you are not sure if you would be allowed to file a wrongful death claim for the death of your loved one or family member or you have other questions about who is allowed to file a wrongful death claim contact the attorneys at www.personalinjuryplace.com. Please be sure and fill out the free case evaluation form at the bottom of the page and a personal injury lawyer’s office will contact you within a few days to review your wrongful death claim.