For the first nine months of 2025, it was estimated that a little over 27,000 people had lost their lives on U.S. roads compared to over 29,000 who lost their lives in the same months in the previous year.

If a car accident led to the death of a person, a wrongful death claim can be initiated. According to a wrongful death attorney in Cleveland, the surviving family of the victim can resort to legal ways to receive some financial aid. This assistance can help them recover the damages that have been sustained. 

Determining the responsible party is important in making a valid application. Let’s examine who can file a claim for wrongful death and what factors affect eligibility for filing

Who Can File a Wrongful Death Claim?

Spouses, parents, and children can file a wrongful death claim to seek recovery for their loss.

The court might grant authority to any surviving member who can and will file on behalf of their absent relatives. The agent of that particular estate might still be in a position to make a claim of wrongful death in certain situations.

You should be aware that the laws concerning wrongful death tend to differ from one state to another. Local laws require a wrongful death claim to be handled through certain specific local proceedings. Consultations with personal injury lawyers, particularly those who deal with wrongful deaths, should be handled promptly to address the legalities of your claim. These attorneys will inform you of your rights in the matter and what you need to do concerning filing a wrongful death claim.

Understanding Legal Requirements for Claimants

Knowing the law’s provisions for claimants will help your wrongful death claim succeed. If the decedent could have brought a valid legal claim under award had he or she still been alive, presenting proof that will validate this claim is necessary. The process involves substantiating that the death at hand is the result of another party’s negligence or intentional misconduct.

It is also mandatory to indicate your relationship to the deceased and to reference the applicable state law. Statutes of limitations have to be observed and will determine whether one has a valid claim. Gathering evidence is important when trying to get compensation for your injuries and loss. Evidence that can be used in any such suit includes medical records and witness testimonies. Appropriate legal intervention is required for any evidence review.

How State Laws Affect Wrongful Death Claim Eligibility?

State laws heavily affect whether or not a wrongful death lawsuit can be pursued. The distinct laws of each state concerning wrongful death claims may make matters complicated. Usually, immediate family members like children, spouses, and parents are the only ones allowed to pursue a case. In a few states, the right extends to siblings and other dependents.

The time within which one is allowed to file a claim from one state to the other dictates how quickly a wrongful death case should go before a court. While some states may request that the claimant prove his or her relationship to the deceased, other states may have less stringent criteria. You should understand the particular statutes in your state for higher chances of successful filing.

Role of Executors and Administrators in Claims

The role of an executor or administrator in a wrongful death lawsuit shows the important attributes needed by the family. In most cases, the will names the executor for the distribution of the deceased’s property. If there is no will, the established administrator slightly oversees the property of the deceased in conjunction with the court.

The surviving family may contact an attorney, who will handle all required steps to function as the legal representative of the deceased before insurance companies, in negotiations, or in court so that compensation is delivered to rightful beneficiaries. They play a primary role during negotiations. Attorneys should make decisions relevant to the estate and the claimants in good faith within the bounds of state law. This entire process guarantees that well-documented claims are handled efficiently.

Proving Your Relationship to the Deceased in Claims

For a lawsuit for wrongful death to be correctly filed, the first thing necessary is to make clear the nature of your relationship with the deceased. It is fundamental in determining your eligibility for the claim for damages filed. For spouses, children, and parents, the proof is actually rather simple. They only need to show their birth certificates, marriage licenses, or death certificates.

Should the claimant be a distant relative or someone who was financially dependent on the deceased, further evidence will need to be obtained. This could be through affidavits from family members or further verification as to the emotional or financial attachment between yourself and the deceased. Proof makes all the difference when it comes to believing in a claim. Solid evidence only makes claims stronger.

It is important to clearly understand who can file a claim when seeking justice for wrongful death. In most states, it is only the immediate family members who can file a lawsuit but different conditions may suffice in other states. If you are in doubt as to whether you are eligible or not, it is necessary that you hire an attorney. 

Last modified: February 20, 2026