If your loved one was killed because of the negligence of another person or entity, or he or she was killed because of another’s wrongful acts, you may be able to file a wrongful death lawsuit against the responsible party. Wrongful death lawsuits may be filed in cases in which valid personal injury claims could have been filed by the victims if they had lived. The people who are allowed to file wrongful death actions vary, depending on the state in which you reside.
Historical and modern approaches to wrongful death cases
Historically, people could not file civil lawsuits in cases in which their loved ones were killed. While the perpetrators might have been sentenced to prison or jail, the families could not recover civil monetary damages from them. This meant that the perpetrators would actually be financially better off if they killed their victims instead of simply injuring them. Now, the states have all enacted wrongful death statutes that allow certain family members of people who are killed to sue to recover damages.
In 1846, a law in England called Lord Campbell’s Act was passed and allowed family members of people who were killed by the negligence or wrongful actions of others to sue for monetary damages. Most of the U.S. states have wrongful death statutes that are patterned on Lord Campbell’s Act. All of the states allow the spouses and children of the decedents to file wrongful death lawsuits. Some states also allow grandparents and siblings to file wrongful death lawsuits when their loved ones are killed.
Who may file lawsuits in states following Lord Campbell’s Act
The states that have statutes that are based on the Lord Campbell’s Act, the laws state that only people who are designated beneficiaries of the decedents are able to file wrongful death lawsuits. These beneficiaries might include the following people, depending on the individual state:
- Spouses, children, parents and adopted children
- Grandparents or siblings if no immediate family members are left
- Parents of a deceased fetus
- Life or domestic partners
- People who are financially dependent on the decedents
In these states, the different parties who might be able to file wrongful death lawsuits will only be able to do so if there are no members of the category of priority. In other words, if no surviving spouses, children or parents remain, then the grandparents or siblings of the decedents might be able to file a lawsuit in states in which they are considered to be designated beneficiaries.
Who may sue in states with losses to the estate systems
A minority of states have wrongful death statutes that say that only the personal representative of the estate is able to file a wrongful death lawsuit. In these states, a personal representative is appointed by the probate court to administer the estate. He or she may file a lawsuit against the negligent or wrongful actor in his or her own name. However, the proceeds of the lawsuit will be placed in trust to be disbursed to all of the designated beneficiaries of the estate.
Grounds for filing a wrongful death lawsuit
In order to file a wrongful death lawsuit, you must have one of the relationships to the decedent that are outlined in your state’s laws, and there must not be another person who has a priority for filing if you live in a state that has a statute that follows the Lord Campbell’s Act. If you live in one of the states that employ the loss to the estate system, only the personal representative of the estate may file a lawsuit. It is also important to understand that the actions of the other person must have either been negligent or wrongful in order to have grounds to file a lawsuit. To learn more about the wrongful death statute in your state and whether you are the most appropriate party to file, you might benefit by consulting with an experienced personal injury and wrongful death attorney.
