According to Lane, Felix & Raisbeck, a leading law firm in Cincinnati, OH, “wrongful death” occurs when an individual passes away due to negligence or intentional actions of a third party. In such case, a lawsuit may help the surviving family recover damages. However, these experienced personal injury attorneys explain, the deceased cannot file a wrongful death claim.

In Lane, Felix & Raisbeck’s home state of Ohio, for example, the lawsuit must instead be brought forward by the decedent’s:

• Spouse: The surviving spouse is typically the first loved one to sue for wrongful death. In some states, the deceased’s domestic partner may also press charges.
• Children: The decedent’s surviving children, either biological or adopted, may also file a wrongful death lawsuit. Although other states have restrictions against it, Ohio allows minors to press charges, especially if the spouse is not present.  
• Parents: Immediate family members, namely one’s mother and father, can also go to the courts for alleged wrongful death. However, if the decedent’s spouse or children also decide the file, the court will consolidate the claims, these knowledgeable personal injury attorneys explain.  
• Distant Family: If the deceased is a single adult, meaning they weren’t married nor had any children, the state allows grandparents, siblings, aunts, and uncles to file the lawsuit. However, these individuals can only recover damages if they can prove they’ve suffered a compensable loss.
• Executor: If the decedent has a will, they will have named an executor. If there is no will, a personal representative will instead be appointed. These individuals formally file the lawsuit as well as represent the best interests of the family members or beneficiaries in their claim.

If you have any additional questions about who can file a wrongful death lawsuit or want to press charges yourself, don’t hesitate to contact Lane, Felix & Raisbeck. With over 30 years in the area, their compassionate team will guide you through this tough time. Call them at (513) 922-7700 to set up your initial consultation today. For more on their practice areas including probate and criminal law, visit their website.