Who Has the Right to Sue for Wrongful Death? Legal Options After Losing a Loved One

Key Takeaways:

• Eligibility to file a wrongful death lawsuit typically includes immediate family members such as spouses, children, and parents, though laws vary by state and relationship status.
• Extended relatives or financially dependent individuals may also have legal standing to sue in specific cases, especially if no closer relatives are available or if they can prove substantial dependency.
• If you live in New York, New Jersey, Florida, or Pennsylvania and have lost a loved one due to negligence, contact Lambrou Law for a free consultation to explore your legal options.

There are few experiences in life more shattering than the sudden loss of a loved one. When that loss was caused by someone else’s carelessness or deliberate wrongdoing, the grief takes on an even deeper layer of pain. It’s not just sorrow. It’s anger. It’s the ache of unanswered questions and the weight of knowing things should have turned out differently.

In the midst of mourning, families are often forced to navigate a confusing world of medical bills, insurance claims, funeral arrangements, and the painful logistics of moving forward. 

At Lambrou Law, we understand the anguish and uncertainty that come with wrongful death cases. If you are unsure whether you have the legal right to file a wrongful death claim, keep reading to understand your options and take action on behalf of those who no longer can. As always, we are available 24/7 to answer any questions.

Suing for Wrongful Death in New York, Florida, Pennsylvania, or New Jersey

While this is a general overview of who can sue for wrongful death, the laws vary depending on the state. Lambrou Law dutifully serves families in New York, New Jersey, Florida, and Pennsylvania. Here is a preliminary breakdown of who may sue in these jurisdictions, each individual situation is different; therefore, call us to get a full consultation on your facts:

• New York: A wrongful death lawsuit can be filed by the deceased’s children, parents, spouse, or the estate representative, and in some cases, a Public Administrator.
• Florida: The estate representative can file the lawsuit on behalf of the spouse, children, parents, blood relatives, or adoptive siblings.
• Pennsylvania: The personal representative of the decedent’s estate can file a wrongful death lawsuit on behalf of the surviving spouse, parents, or children.
• New Jersey: The victim’s surviving spouse, children, parents, siblings, nephews, nieces, or anyone dependent on the victim (and can establish it) can file.

Who Can Sue for Wrongful Death?

Wrongful death claims allow certain individuals to seek compensation after the loss of a loved one due to someone else’s carelessness or intentional wrongdoing. However, not everyone is allowed to file. Eligibility depends on the relationship to the deceased and differs by state law, and the time to file may vary from state to state as there are varying statutes of limitations. 

1. Immediate Family Members

When a person dies due to someone else’s negligence or misconduct, the law often gives the closest relatives the first opportunity to seek justice through a wrongful death claim. Immediate family members, typically a spouse, children, or parents, are most commonly recognized as having the legal right to sue.

Spouses or Domestic Partners

Across nearly all states, the surviving spouse is the primary individual permitted to bring a wrongful death lawsuit. Exceptions include California, where a spouse or registered domestic partner can file. The law acknowledges the unique financial and emotional losses that follow the death of a life partner. Spouses may file regardless of whether the couple was recently married or had been together for decades.

A surviving spouse may pursue compensation for both economic and non-economic damages, including:

• Medical expenses: including hospital bills, emergency room fees, surgeries, and medication;
• Funeral and burial costs: in 2023, the median cost of a funeral with a viewing and burial was $8,300;
• Loss of financial support: such as lost wages, retirement benefits, and life insurance;
• Loss of consortium: such as companionship, affection, intimacy, and household services.

In states that recognize registered domestic partnerships or civil unions, those partners may also have legal standing similar to that of a spouse. However, eligibility can depend on state-specific statutes and the legal status of the relationship at the time of death. Domestic partners in New York have the following rights:

• If you’re a registered domestic partner, you are treated as an eligible family member in a wrongful death lawsuit.
• If you’re unregistered, you do not have rights as an eligible survivor for wrongful death.

Children

Biological or adopted children of the deceased are also considered primary parties eligible to file a wrongful death lawsuit. In many states, minor children may recover compensation for the loss of parental guidance, emotional support, and future financial contributions.

In cases where the deceased had adult children, eligibility to file may be more limited. In New York, Pennsylvania, New Jersey, and Florida, adult children are all eligible beneficiaries of a wrongful death lawsuit. The law may also prioritize dependent children, especially those who were living at home or receiving direct financial support from the deceased.

Stepchildren may have the right to sue if they can prove financial dependency or a legally recognized parental relationship, although this is determined case-by-case and often depends on how state law defines “child.”

Parents

Parents are often permitted to file a wrongful death claim if their minor child dies due to negligence or misconduct. The rationale is rooted in both emotional trauma and the financial burden many parents bear in raising a child. However, in New York, the rules are much stricter. New York is one of the rare states that doesn’t allow a parent to sue for emotional distress or pain and suffering in wrongful death. Parents can sue for economic damages such as:

• Medical expenses prior to a child’s passing;
• Funeral expenses;
• Value of services the child would have given the household (for example, chores).

When it comes to the death of an adult child, eligibility for parents varies more significantly. Some states allow parents to bring a claim only if the deceased had no surviving spouse or children. Others may require proof of dependency, especially if the child was supporting their parents financially or serving as a caregiver.

2. Extended Family Members and Dependents

Laws surrounding wrongful death eligibility are primarily written to protect immediate family members. However, extended relatives and even non-relatives may have the right to sue under specific circumstances. These claims often depend on the nature of the relationship and whether the person was financially reliant on the deceased.

Siblings and Grandparents

While not universally recognized, in states such as New Jersey and Florida, siblings and grandparents may be permitted to file a wrongful death lawsuit if:

• They were financially dependent on the deceased;
• There are no surviving immediate family members legally eligible to sue;
• They shared a residence with the deceased and functioned in a caregiving or emotionally supportive role;
• Their relationship closely mirrored that of a primary next of kin.

Other Dependents

Individuals who are not related by blood or marriage but were financially dependent on the deceased may qualify in certain jurisdictions. These cases often require strong evidence of dependency, such as a close friend or unofficial partner. Acceptable proof might include tax records, joint financial obligations, or documentation showing the deceased was the primary source of support for housing, healthcare, or daily living expenses.

3. Personal Representative or Executor

If no eligible family member initiates the lawsuit, the personal representative or executor of the deceased’s estate can do so. Any compensation awarded in the case is then distributed to the estate’s legal beneficiaries according to the will or applicable laws. This approach can be especially useful in minimizing conflict among surviving relatives and ensuring that the claim proceeds in a timely and organized manner.

4. Who Cannot Sue

The law clearly limits who may bring a wrongful death claim. Generally, the following parties are not eligible unless they qualify as legal dependents or estate representatives:

• Friends;
• Unrelated caregivers;
• Distant relatives without dependency;
• Roommates or cohabitants without legal status.

Even close emotional bonds or shared history are not enough to establish legal standing without formal legal or financial ties recognized by state law. Each case must meet specific statutory criteria to proceed.

Negligence Doesn’t Have to Get the Last Word

If you have lost a loved one and believe it may be the result of negligence or a wrongful act, you don’t have to suffer alone. While it will never replace the memories and love from your family member who passed, a wrongful death claim can help you move forward. 

At Lambrou Law, we provide personalized, compassionate support and aggressive representation. We are ready to assess your case and help determine who may legally bring the claim. We have helped our clients reclaim up to $3 million for wrongful death suits.

Contact us today to schedule a free consultation and begin the path toward justice.