Who Has the Right to File a Wrongful Death Lawsuit

Personal Injury & Car Accident Attorneys Serving Fort Myers and Naples, Florida, as well as Atlanta, Georgia

Posted: May 15, 2023

wrongful deathLosing a loved one over a wrongful death is terrible to experience for anyone, and nobody should ever have to go through that. Unfortunately, it's something that does happen. In these cases, it's essential to hold the responsible party accountable to give your family the closure you deserve. 


What Is a Wrongful Death?

Wrongful deaths can be either intentional or unintentional. Included in wrongful deaths is death caused by negligence, where a person didn't intend on hurting but was or played a part in someone's death. Unintentional but negligent deaths include car, truck, motorcycle, and boat accidents, unsafe areas, falls, and workplace accidents.

Who Can File a Wrongful Death Lawsuit?

The ones who are most commonly known to file for wrongful death in honor of the deceased include:

  • Spouse: If the deceased has a living spouse, they are at the top of the list of people who can file a lawsuit. However, it's essential to know that if the spouse and the deceased were in the middle of a divorce or separated, the court might designate another family member to the lawsuit.
  • Children of the deceased: If the spouse is deceased or unable to be appointed to the lawsuit, then next in line are the children of the deceased. However, if the children are minors, then the court will designate someone to make a claim for the children.
  • Parents of the deceased: Next in line are the deceased's parents. If the parents are divorced, then the parent who primarily cared for the deceased will be designated the lawsuit. 
  • Person in the will: If the deceased left a will and named someone an executor, then that person would be able to file for a wrongful death lawsuit. 

Get a Free Case Review

Don't let the responsible party get away with the irreversible harm done to you and your family. Let our attorneys, who have decades of experience in the business, get you the closure you deserve. Contact Kelleher Law in Atlanta, Georgia, Naples and Fort Myers, FL, at 833-546-3675 for a free case review and to find out if a wrongful death case fits your needs.

Category :