Although the law varies from state to state, generally immediate family members (such as the spouse,  and children) can file a wrongful death claim.  However, it may be surprising to know that, in some states, former spouses, step-children, dependent adults, grandparents, siblings and parents of adult children can also file a wrongful death claim.  With respect to minor children, it is important to note that children of the decedent may require a guardian ad litem to represent their interests.

Because of the short statute of limitations and the complexities of preserving evidence and identifying parties, it is important to speak to a competent wrongful death attorney as soon as possible.

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