Who can not file a wrongful death suit?

Answer 1

Wrongful death suits are filed by a person who was designated by a court to handle the affairs of the decedant (theindividual who died). An executor or Personal Representative, for instance. If the person died intestate, (without a Will) then depending on the State they resided, a Probate Judge will apoint a person, of the decedents family, who is willing to represent the dead persons Estate, and go through the process such a suit would impose. A wrongfull death suit can not be filed until an Estate has been created...ie: john Doe, as personal representative of the Estate of Jane Doe vs acme nursing home, tort action. the lawsuit then becomes part (and sometimes the basis for the creation of the persons estate. Final distribution lays according to the laws of inheritance where the person resided when they died "jurisdiction"

Answer 2

A person claims wrongful death lawsuit whose loved one victim was killed as a result of negligence (or other type of unjust action) on the part of the person or entity being sued, and that the victim's survivors are entitled to monetary damages as a result of the improper conduct. Generally speaking, the person with "legal standing" is the first direct heir, which is typically:

For a deceased child:

• the parents, both
• the custodial parent

For a deceased adult:

• the legal wife or husband (not divorced) - If divorced, the ex-spouse has NO legal standing.
• the adult children of a deceased adult, IF the other parent is NOT deceased - Note: When a legal spouse files for wrongful death, minor children are usually automatically included; it is done on their behalf.
• If not married and no children, the siblings of the deceased adult.
• If not married and no children, and no living siblings either, then legal standing can pass to an aunt, uncle, or grandparent.

NOTE that a Financial Power of Attorney and Will may give "legal standing" to a person who was designated before the person died. However, family, especially the spouse and minor children may still have primary legal standing for a lawsuit.

Let me give two different examples:

1. In describing a married couple and their family of 5 children: A father dies. Three years later, the mother dies. Three children are adults. Two are minors, under age 18. The eldest child has legal standing to file a lawsuit, and that child would file "on behalf of" minor children.
2. A different example from the same family of 5 children but 30 years later... The third oldest sibling died. She was married with two adult children. A sibling knew the hospital misdiagnosed the deceased woman. But the husband of the deceased refused to file a lawsuit. In this case, NO ONE else could file but the husband because he had legal standing. The woman's children could not file; the siblings of the deceased could not file.

As always, consult an attorney for legal advice about your particular circumstances.

Answer 3

A person who has legal standing (in their relationship to the decedent) in the jurisdiction where the suit will be brought.