Who Can File a Wrongful Death Lawsuit?

If a family member dies due to negligence or another wrongful action, then you may be able to file a wrongful death lawsuit against the person who caused the person’s death. A wrongful death lawsuit seeks a civil judgment award for monetary damages from the person or organization responsible for the death.

State Laws Determine Who Can Sue for Wrongful Death

Every state has laws concerning wrongful death that determine who can sue for damages.

A dispute may start between members of a family over who has the right to file a lawsuit. Courts usually only allow one wrongful death lawsuit claim. If the court filings have two or more lawsuits for the same thing, usually, a judge will consolidate the cases into one.

What If the Deceased Person Had a Will?

If the deceased person has a will, the courts will usually appoint an executor of the estate to be the deceased’s personal representative. If this happens, then the estate executor has the sole right to file a lawsuit for wrongful death.

Who Can File a Wrongful Death Claim in California?

The wrongful death statute in California (California Code of Civil Procedure section 337.60, et seq.) allows the following people to file a wrongful death lawsuit:

• A surviving domestic partner or spouse.
• A surviving child of the deceased person.
• The surviving grandchildren of any deceased children of the deceased person.
• If there are none of the above, in the line of descent, who are surviving, then any person who would be entitled to the deceased property by the process of intestate succession. This category may include the deceased person’s parents or siblings, depending on who is living.

Additionally, the following people may bring a wrongful death lawsuit if they can show they financially depended on the deceased:

• A surviving putative spouse who believed they were married but is mistaken.
• The children of a surviving putative spouse.
• A stepchild of the deceased person.
• The parents of the deceased person.
• If the parents are deceased, then the legal guardian of the decedent.

Who Can File a Wrongful Death Lawsuit in Nevada?

The laws of Nevada for wrongful death claims (Nev. Rev. Stat. § 41.085 (2021) allow these people to file a wrongful death lawsuit, in the order of their priority:

• The executor of a deceased person’s estate as the personal representative of the deceased.
• A surviving domestic partner or spouse.
• A surviving child of the deceased person.
• The parents of the deceased person if there are no surviving domestic partner, spouse, or children.
• The siblings (brothers or sisters) if there are no surviving domestic partner, spouse, children, or parents.
• The next-closest surviving family member of the deceased, if there are no surviving domestic partner, spouse, children, parents, or siblings.

Contact an attorney by calling (281) 475-4535 or use the contact form on the website to request a free consultation. It would be best if you did this as soon as possible after the person dies because both California and Nevada have a two-year statute of limitations to file a wrongful death lawsuit. It may take a considerable amount of time to prepare your case.