Who Has Legal Standing to File a Wrongful Death Lawsuit?

Wrongful death litigation allows those affected by a tragic passing to seek economic justice, as well as a sense of personal closure by proving that another party was at fault for their loss. If a person dies due to the negligence or misconduct of another person or a business, the party that caused the premature death may be liable for the economic losses generated.

Successful wrongful death lawsuits can provide financial compensation for both economic and non-economic damages directly related to a person’s passing. Typically, no matter how egregious the situation is, only one wrongful death lawsuit against a responsible party is possible.

Who can file a wrongful death lawsuit?

A lawsuit begins with the estate

Wrongful death statutes are state-level laws, which means the procedures are different in every jurisdiction. In some states, close family members have the statutory right to file a wrongful death lawsuit. In North Carolina, the law requires that the personal representative or executor of the person who died file the lawsuit.

They take legal action seeking to recover losses on behalf of the estate. They then distribute the proceeds of successful litigation among immediate family members, such as the surviving spouse and children of the decedent.

In some cases, the personal representative may be an immediate family member. In other cases, the family members of the person who died may need to communicate with the personal representative administering their loved one’s estate to discuss the potential need for a wrongful death lawsuit.

Retaining legal guidance is often necessary when planning for wrongful death litigation. Grieving families and personal representatives may need to consult with a lawyer to determine if their situation warrants litigation, and that’s okay.