Losing a loved one is devastating, but when you believe that their death could have been prevented, the grief can be even harder to bear. During situations like this, understanding your legal options is crucial, especially if you're considering filing a wrongful death claim. 

But before you go too far down this road, it's important to understand who can actually file this type of claim. Eligibility is determined by specific legal guidelines, and knowing where you stand can help bring a sense of closure and justice for your family. 

Here's a closer look at who is typically eligible to file a wrongful death claim and what that process entails.

  • Immediate Family Members Are Usually Eligible to File

In most cases, the immediate family has the primary right to file a wrongful death claim. Spouses, children, and sometimes parents are usually first in line, depending on the state's specific laws. 

If you're the spouse, you have an automatic right to file a claim, as the death impacts your family's emotional and financial stability. Children, both minors and adults, also commonly have the right to file since losing a parent can have significant repercussions on their lives, from emotional distress to financial hardship.

For example, if you're a spouse or child of the deceased, you may be eligible to file a claim seeking compensation for various damages, such as lost income and loss of companionship. Your eligibility reflects the belief that the loss directly affects your day-to-day life and future security, both emotionally and financially.

  • Extended Family Members Can Too (In Some Situations)

While immediate family members are usually the primary candidates for wrongful death claims, there are cases where extended family members, such as siblings or grandparents, may also have the right to file. However, the eligibility of extended family largely depends on the state's wrongful death statutes. Some states grant a broader scope for these cases, allowing extended family members to claim if they can prove they were dependent on the deceased for support or shared a close relationship.

For example, if you're a sibling who had a particularly close relationship with your deceased sibling, supporting each other financially and emotionally, you may be able to make a claim under specific circumstances. Similarly, grandparents who were caring for grandchildren left behind may also be considered eligible claimants if state laws permit. Always check the specific guidelines in your state to clarify your eligibility.

  • Estate Representatives May File on Behalf of the Family

In certain cases, it's not the family members themselves who file a wrongful death claim but rather a representative of the deceased's estate. An estate representative can act on behalf of the deceased's beneficiaries, ensuring that the claim addresses the needs of all eligible family members. If you've been named as an estate representative or executor, you may be able to file a claim and ensure that any compensation awarded is appropriately distributed among the heirs.

This role is particularly helpful when there are multiple family members eligible to benefit from a claim, as it removes individual conflicts of interest and centralizes the legal action. The estate representative's responsibility is to act in the best interest of all beneficiaries, providing a structured path toward justice and support for the family.

The Types of Damages You Can Seek

When filing a wrongful death claim, there are various types of damages you can seek. These damages go beyond covering immediate costs – they're intended to address both the tangible and intangible effects of your loved one's death. 

Financially, wrongful death claims can help cover medical bills, funeral costs, and the deceased's lost income, which is especially valuable if you depended on them financially.

Compensation can also include damages for loss of companionship, which acknowledges the emotional impact of losing a family member. You can request support for loss of guidance if you're filing on behalf of children, as well as damages for mental anguish, as the emotional toll of losing a loved one is often severe. Additionally, some wrongful death claims may seek punitive damages to punish particularly reckless or intentional behavior.

As Amourgis & Associates, Attorneys at Law explain, “While a wrongful death claim will not make up for the loss of a family member, it can provide financial security that is often threatened by a sudden loss. It can also help families find a form of justice and closure during an unimaginable time.”

The Legal Framework for Wrongful Death Claims

Understanding the framework surrounding wrongful death claims can also give you some peace of mind. These claims are civil cases, not criminal cases, meaning they focus on financial restitution rather than criminal penalties. Even if someone isn't criminally prosecuted, you still have the right to pursue a civil claim if you believe the death resulted from negligence or misconduct.

Each state has its own statute of limitations for wrongful death claims, generally ranging from one to three years from the date of death. Ensuring you file within this window is extremely important, as missing the deadline could prevent your case from being heard. 

How a Lawyer Can Support Your Claim

Given the complexities surrounding eligibility, damages, and statutes of limitations, working with a lawyer is key. An experienced attorney can clarify your legal standing and identify the full scope of damages your family may be eligible for. They can also guide you in collecting evidence, building your case, and ensuring your rights are fully protected throughout the process.

With the support of a skilled lawyer, you can better understand what's necessary to build a strong case. You'll also have an advocate who can handle negotiations with insurance companies or opposing counsel, which can be beneficial in reaching a fair settlement without a lengthy court battle.

Don't enter into this process alone. Hire a good attorney and have trust in the process. That's the best path forward.