Who Can Sue on Behalf of a Deceased Person?
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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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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