Category: Personal Injury

Who Can Sue on Behalf of a Deceased Person?

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This post was brought to you by Regan Zambri Long – Personal Injury Lawyer

Who Can Sue on Behalf of a Deceased Person?

When a person passes away due to someone else’s negligence or wrongdoing, legal action can still be taken to seek justice and compensation. However, not just anyone can file a lawsuit on behalf of the deceased. Specific legal representatives or family members are granted this right based on state laws. Other parties can also sue under special circumstances. This guide covers who can sue in detail. More about our wrongful death attorney.

1. Personal Representative or Executor

In most cases, the executor or personal representative of the deceased person’s estate is responsible for filing a lawsuit. The executor is appointed through a will or, if there is no will, by the court during the probate process. This person has the legal authority to:

  • File wrongful death claims
  • Pursue personal injury claims that survived the deceased
  • Handle any legal matters concerning the estate

If no executor is named, the court may appoint an administrator to act on behalf of the estate.

2. Surviving Family Members

In many states, close family members may have the right to file a lawsuit if they were financially dependent on the deceased or suffered a direct loss due to the death. The eligible parties include:

  • Spouse – The surviving spouse is often the first in line to file a claim.
  • Children – If no spouse exists or the spouse waives their right, children (including legally adopted children) can file.
  • Parents – If the deceased was a minor or unmarried with no children, parents may have the right to sue.
  • Siblings or Other Heirs – In some cases, if there are no direct dependents, siblings or other next of kin may be eligible to file.

Family members’ eligibility depends on state laws, and some states allow only the executor to file on behalf of the family.

3. Legal Guardians or Dependents

If the deceased was responsible for dependents who are minors or had a legal guardian, the guardian may have the right to file a lawsuit on behalf of those dependents. Courts prioritize the well-being of children and financially dependent individuals when allowing legal actions.

Who Else Can Sue on Behalf of a Deceased Person? Under Special Circumstances

Under exceptional circumstances, individuals who may have the right to sue on behalf of a deceased person include legal guardians, financially dependent individuals, common-law spouses, business partners, distant relatives, trustees, advocacy groups, and special legal representatives in mass torts or class actions. Government agencies, estate beneficiaries, and parents of unborn children may also have standing to file a lawsuit, depending on state laws and specific legal situations.

  1. Legal Guardians or Conservators (Before Death)
  • If the deceased had a court-appointed guardian or conservator before passing (due to incapacity, illness, or disability), that individual may have legal standing to continue or initiate a claim on behalf of the deceased’s estate.
  • This is particularly relevant if the death occurred during ongoing legal proceedings initiated while the deceased was alive.
  1. Financially Dependent Individuals
  • In some states, individuals who were financially dependent on the deceased, even if they were not direct relatives (such as stepchildren, domestic partners, or long-term caregivers), may be eligible to sue.
  • These individuals must often prove their financial reliance on the deceased to qualify.
  1. Common-Law Spouses and Domestic Partners
  • While legal spouses generally have the right to sue, some states recognize common-law spouses or domestic partners if they can prove a long-term committed relationship.
  • This is more common in states recognizing common-law marriage or providing legal protections for registered domestic partnerships.
  1. Business Partners or Co-Owners
  • If the deceased was part of a business partnership or joint venture, the surviving business partner(s) may have legal standing to file claims related to financial losses resulting from the wrongful death.
  • This applies if the business suffered direct damages due to the loss of the deceased’s contributions.
  1. Government Agencies or Advocacy Groups
  • In some instances, government agencies or nonprofit organizations may file a lawsuit on behalf of a deceased person, particularly in cases involving elder abuse, civil rights violations, or systemic negligence (e.g., deaths in nursing homes or police custody).
  • These actions are often filed under public interest laws to prevent similar incidents from happening in the future.
  1. Distant Relatives in the Absence of Immediate Family
  • If there are no spouse, children, or parents, some states allow distant relatives, such as siblings, grandparents, aunts, uncles, or cousins, to sue.
  • These individuals may need to prove financial or emotional loss for legal standing.
  1. Trustees in Cases Involving a Trust
  • If the deceased’s assets were placed in a trust, the trustee may have the right to pursue legal claims on behalf of the beneficiaries.
  • This is common in cases where the deceased set up an estate plan that directs compensation from a lawsuit into the trust.
  1. Special Legal Representatives in Mass Torts or Class Actions
  • In cases involving mass torts, product liability, or medical malpractice, courts sometimes appoint special legal representatives to pursue claims on behalf of multiple deceased victims.
  • This is often seen in wrongful death cases involving defective drugs, asbestos exposure, or large-scale accidents.
  1. Wrongful Death Claims for Unborn Children
  • Some states allow parents to file wrongful death lawsuits for unborn children who die due to medical malpractice, negligence, or accidents.
  • The right to sue depends on the state’s recognition of fetal personhood laws.
  1. Next of Kin or Estate Beneficiaries (When No Executor Exists)
  • If the deceased left behind a will but no executor was named, beneficiaries of the estate (such as named heirs) can petition the court for the right to file a lawsuit.
  • Courts may grant a temporary or substitute administrator the ability to sue on behalf of the deceased’s estate.

FAQs

Can someone sue on behalf of a dead person?

Depending on state laws, a lawsuit can be filed on behalf of a deceased person, usually by the executor, personal representative, or eligible family members.

Who can bring a claim on behalf of the deceased?

Typically, the executor of the estate, surviving spouse, children, parents, or other court-appointed representatives can bring a claim on behalf of the deceased.

What has no legal power after a person dies?

A power of attorney (POA) becomes invalid upon a person’s death, as legal authority then transfers to the executor or court-appointed administrator of the estate.

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Personal injury lawsuits

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A personal injury is defined as any harm caused to a person, such as a broken bone, a cut, a bruise or slander. Any type of bodily injury as a result of an attack, negligence or accident can also be categorized as the same, and you can file a lawsuit to recover damages from whoever is responsible for your injuries.

Personal injury lawsuits are filed because of auto accidents and other vehicle accidents, medical malpractice, workplace accidents, products liability, dangerous drugs, airplane accidents, wrongful deaths and other personal injuries. Accidents do occur, and over time laws and safety regulations have been created so that exposure to potentially deadly or harmful events could be reduced to protect citizens. Since it is impossible to prevent all accidents from occurring, victims of personal injury cases have rights supported by the government to file claims to recover damages suffered.

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Examples of personal injury cases include the following:

Injuries of the Head and Spine – brain injuries, concussions, spinal cord injury, back and neck injuries, traumatic brain injury, paraplegia, quadriplegia
Transportation Accidents – auto accidents, trucking accidents, train accidents, motorcycle accidents, school bus accidents, boating accidents
Work Related Injuries – construction accidents, industrial accidents
Negligence – wrongful death claims, dog bite injury, toxic molds, toxic torn litigation, slip and fall, burns
Abuse – nursing home abuse
Product Liability – harmful or defective products that companies and individuals manufacture for general sale that are involved in accidents due to some malfunction of the products’ purpose.
Defective Drugs – prescription drugs that cause serious or deadly side effects.
Medical Malpractice – injuries due to the carelessness or wrongdoing of a medical professional
Libel – written “defamation of character” in which a living person’s reputation is falsely and negatively reflected. For radio and television broadcasts, defamatory remarks are generally considered libel due to the written scripts from which they originate
Bad Faith – Direct action against insurance company for failure to pay medical bills due under a policy. Direct action against insurance company for failure to pay Uninsured Motorists Benefits.

How long do I have to file a personal injury case?
Personal injury cases must be brought within a specific period of time after the accident, after which they become ‘statute barred’ and will not succeed. The length of this strict time limit varies from state to state, but is shorter than most other types of cases and is usually around 3 years.

What is my personal injury case worth?
Determining how much your accident injuries are worth is a critical aspect of any personal injury case, and it’s the part of a claim that is most difficult to determine; the amount varies depending on your very particular circumstances. To determine what your claim is worth, insurance companies consider the types of damages for which you may be compensated. These damages include:

Medical care and related expenses
Income lost because of the accident, because of time spent unable to work or undergoing treatment for injuries
Permanent physical disability or disfigurement
Loss of family, social, and educational experiences, including missed school or training, vacation or recreation, or a special event
Emotional damages, such as stress, embarrassment, depression, or strains on family relationships – for example, the inability to take care of children, anxiety over the effects of an accident on an unborn child, or interference with sexual relations
Damaged property
Punitive damages which are monies awarded, in addition to economic damages and other non-economic damages, to punish a manufacturer for willful or wanton conduct.
What happens if I file a lawsuit?
You become the plaintiff in the case and the person who injured you becomes the defendant. Personal Injury Lawyers for each side (and for the insurer) typically begin gathering facts through exchange of documents, written questions (interrogatories) or deposition (questions that are asked in person and answered under oath). This process is call discovery. After discovery, many cases get settled before trial. Only a small percentage of personal injury actions ever go to trial.

What does it mean to settle a case?
Settling a personal injury case means that you agree to accept money in return for dropping your action against the person who injured you. You’ll actually sign a release absolving the other side of any further liability. To help you decide whether to accept the settlement offer, your lawyer will be able to provide a realistic assessment of whether a lawsuit based on your claim will be successful. (Settlement also can take place at any point in a lawsuit once it is filed, including before trial or even after a case has been tried but before a jury reaches a verdict.) The decision to accept a settlement offer is yours, not the attorney’s.

A Guide to Hiring a Personal Injury Attorney
Hiring an attorney is like hiring an employee. You should always remember you are hiring someone to work for you. The attorney you choose can affect the amount of time you spend on your case and the amount of compensation you receive for your injury. You should consider the following questions when meeting with or interviewing a prospective attorney:

How much experience does the personal injury attorney have with cases like yours?
How many years has the personal injury attorney practiced law?
How would the personal injury attorney represent your point of view?
How much does the personal injury attorney charge?
Are you comfortable with the personal injury attorney? Can you share the personal aspects of your personal injury case with this person?
Do you have confidence in the personal injury attorney to resolve your legal situation?
The Personal Injury Attorney’s Responsibilities

Represent you competently. Your personal injury attorney should have the legal expertise to handle your case. The personal injury attorney should know the legal process and the law as it relates to your case.
Keep you involved in your case. You, not your personal injury attorney, must live with the outcome of your case. Your personal injury attorney’s role is to advise and recommend. Remember, you must make the final decision.
Remain available. Your personal injury attorney should regularly inform you of your personal injury cases progress. The personal injury attorney should return phone calls within a reasonable time.
Make progress toward resolving your personal injury case. Your personal injury attorney is employed by you to resolve your legal problems. You should expect your personal injury attorney to be making progress on your personal injury case.
Practice law in an ethical manner. If you have questions or believe your personal injury attorney is acting unethically, you should contact the bar association in your state.
Be realistic. Attorney cannot work miracles. They can only argue the facts as they exist. Ask your personal injury attorney what is a reasonable outcome of your legal situation.
Be honest. Tell your personal injury attorney every important fact. Your personal injury attorney cannot help you if you are not honest. If you withhold facts you waste your money and your attorney’s time.
Be a part of your personal injury case. You have to live with the outcome of your personal injury case. Let your personal injury attorney know what is an acceptable outcome. Ask questions so that you understand the legal aspects of your case and the legal process.
Respect your personal injury attorney’s time. Your personal injury attorney’s time is your money – use both wisely. If you must cancel an appointment, notify your attorney in advance. Put your questions in writing so the personal injury attorney can prepare answers ahead of time.
Communicate with your personal injury attorney. If you are not happy with your personal injury attorney, voice your concerns. Remember, this person is work for you. If a disagreement arises, first speak directly with your personal injury attorney to see if the matter can be resolved.
Understanding Attorney Fees and Legal Costs
Cost is an important factor to many individuals who are looking for a lawyer. The following should help you understand the fees involved in hiring an attorney.

Flat Fees: The attorney provides a specific service for a specified fee. This arrangement is most common in simple cases like the purchase of property or the preparation of a will or trust.
Contingency Fees: The attorney is paid only when money is collected for you, usually a percentage of the amount recovered. This fee method is most common in personal injury cases. You will be expected to pay any “advanced expenses” such as filing fees, deposition costs, etc. from your percentage of the amount received.
Retainers and Hourly Fees: the attorney often will ask for a retainer, or advance payment, before working for you. The attorney will then subtract hourly fees from this retainer. You should receive itemized statements listing services provided and fees charged. You should sign a retainer agreement when authorizing the attorney to work for you. The retainer agreement is your contract with the attorney. it should specify the hourly rate and the cost of various legal services (research, drafting of documents, filing fees, court hearings, etc.). Read your contract carefully and keep a copy.
Attorneys at KSC have received the AV rating by Martindale Hubbell and have been recognized in various publications such as Best Lawyers in America, Super Lawyers of Kentucky and ATLA Top 100 Trial Lawyers.

Malpractice Defense

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Our medical malpractice attorneys have extensive experience and knowledge in the field of medical malpractice defense litigation. We have successfully defended numerous medical providers and medical professionals throughout Kentucky, including but not limited to physicians, dentists, nurses and nursing staff, physical therapists, and nursing homes, alleged to have committed medical malpractice in a variety of lawsuits including:

Birth Injuries
Wrongful Deaths
Medical Treatment Errors
Medication Errors
Failure to Prevent Injury/Assess Falls Risks
Failure to Diagnose/Misdiagnosis
Surgical Errors
Nursing Home Negligence and Abuse
Negligent Credentialing
Breach of Privacy
Dental Injuries