Who Can File a Wrongful Death Lawsuit?

October 02, 2023
By Jon C. Boesen
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The death of a loved one is never easy. It can be even more challenging to handle emotionally when the negligent actions of another person or entity cause death. In such cases, the surviving family members may have grounds to file a wrongful death lawsuit to seek justice and compensation for their losses. However, not everyone can file a wrongful death lawsuit.

State Laws

The laws governing wrongful death lawsuits vary from state to state. In most states, the surviving spouse or children of the deceased are usually the first in line to file a wrongful death lawsuit. Without a spouse or child, the deceased’s parents or siblings may also have the right to file a wrongful death claim. Other relatives, such as grandparents or cousins, do not usually have the legal right to file a wrongful death lawsuit.

Common Law Marriage

If the deceased and their partner were in a common law marriage, the surviving partner may be eligible to file a wrongful death lawsuit. Common law marriage is recognized in some states, and it permits a couple living together for a certain number of years to receive legal status similar to that of a married couple.

Financial Dependence

In some states, individuals financially dependent on the deceased may also have the right to file a wrongful death lawsuit. Such individuals may include domestic partners, stepchildren, or anyone receiving financial support from the deceased at the time of their death.

Representatives of the Estate

In some states, the personal representative of the deceased’s estate may have the right to file a wrongful death lawsuit. This may occur when the deceased did not leave any surviving family members who are eligible to file a wrongful death claim.

Denver Wrongful Death Attorneys

Losing a spouse or domestic partner is tragic, and understanding your rights in filing a wrongful death lawsuit is crucial. At Boesen Law, we support you through this challenging time and help you seek justice for your loved one. Contact us today at for a free initial consultation.