Losing someone unexpectedly is devastating—especially when their death was caused by another person’s negligence or wrongdoing. In these tragic situations, a wrongful death lawsuit can help surviving family members seek justice and compensation for the loss. But not everyone is legally allowed to file this type of claim. Understanding who can file a wrongful death case is an important step toward holding the responsible party accountable. A skilled Dallas, TX wrongful death lawyer can help guide families through this process with care and clarity. Our colleagues at Brandy Austin Law Firm can assist with a case like this. We have experience in all types of personal injury cases, but will handle this type with particular care. Brandy Austin Law Firm has live answering 24/7, so will be available when you need assistance.
What Is A Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when someone dies as a result of another party’s negligent, reckless, or intentional actions. These claims can arise from many situations, including car accidents, medical malpractice, defective products, workplace accidents, or even criminal acts.
The purpose of a wrongful death lawsuit is to provide financial compensation for the survivors’ losses—such as funeral costs, lost income, and emotional suffering. It’s not the same as a criminal case, which focuses on punishment; this type of lawsuit is about financial recovery for the family left behind.
Who Is Legally Allowed To File A Wrongful Death Lawsuit?
Every state has its own rules about who can file a wrongful death claim, but there are some general guidelines.
In many states, the lawsuit must be filed by the personal representative (also known as the executor) of the deceased person’s estate. This person may have been named in a will, or, if no will exists, appointed by the court. While the personal representative files the lawsuit, they do so on behalf of the deceased’s surviving family members.
In some states, surviving spouses, children, or parents can file the claim directly. Others allow domestic partners or even more distant relatives—like siblings or grandparents—if they were financially dependent on the deceased.
Priority Of Family Members
Typically, the law gives filing priority to certain relatives. Here’s a general breakdown:
- Spouses usually have the first right to file.
- If there is no surviving spouse, children are often next in line.
- If there are no surviving children, parents may be allowed to bring the claim.
In cases where none of these relatives are available or eligible, the right to file may be extended to other family members or the estate representative.
What If Multiple Family Members Want To File?
When more than one eligible family member wants to file a wrongful death lawsuit, the court may consolidate their claims into a single action. The compensation awarded is then divided among the surviving relatives according to state law or based on their level of financial dependence on the deceased.
It’s also possible for disagreements to arise among family members. In these cases, a wrongful death attorney can help navigate the legal complexities and work toward a resolution that honors the deceased while protecting everyone’s rights.
Why Legal Guidance Matters
Wrongful death cases are emotionally and legally complex. Working with an experienced lawyer helps ensure the claim is filed properly, on time, and by the appropriate party. A lawyer can also help identify the full scope of damages, negotiate with insurance companies, and, if needed, take the case to court to fight for fair compensation.
If you’ve lost a loved one due to someone else’s negligence, speaking with a wrongful death lawyer can help you understand who can file a claim and what steps to take next. It’s a difficult time, but you don’t have to face it alone. Brandy Austin Law Firm has lawyers who will care about you personally and be able to answer any questions you have about your case. Do not wait to file a wrongful death case – you don’t want to miss the statute of limitations for filing.
