Many states will only allow one wrongful death lawsuit for the decedent. If a dispute arises between family members or the eligible parties file more than one suit, the court may consolidate them into one wrongful death case. Other factors can affect which family members can file a lawsuit. For instance, if the decedent’s domestic partner is appointed by the will as the personal representative or executor, their suit may take precedence over a lawsuit filed by a surviving parent or child. State laws and the judge’s discretion govern such decisions.