Which family members may file a lawsuit varies a little from state to state. But in all states, immediate family members such as spouses, minor children and parents may bring a wrongful death lawsuit.
In some states, that definition is broadened to account for non-traditional family situations. For example, children may bring a wrongful-death lawsuit over the deaths of grandparents or others who acted as parents or guardians. Adult children, separated spouses, grandchildren and domestic partners have claims in some, but not all, states. Any financial dependent, regardless of relationship, may have a claim in some states. And some states allow immediate heirs or the administrator of an estate, regardless of relationship, to bring a lawsuit. If you're not sure what the law says in your state, a wrongful death lawyer can help.
Nov 7, 2011 05:15 PM