Who may have a cause of action for Wrongful Death?
In most states, the only claimants who are authorized to seek wrongful death damages are the people who would be the deceased’s beneficiaries under the laws of the state. First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent. If there are no such claimants, next in line are the person’s parents; then brothers and sisters; then the children of deceased brothers and sisters; then grandparents; and then their lineal descendants.
