Given the number of family members of the deceased, the law stipulates a specific “order of claimants,” or those who can file a wrongful death lawsuit first.
First in line: The law first allows spouses, life partners and financial dependents to sue for wrongful death.
Second in line: If the decedent has no spouse, life partner or dependents, his or her parents may file a wrongful death lawsuit.
Third in line: If the deceased has no spouse, partner, children or living parents, the siblings and/or their children are authorized to file suit.
Fourth in line: The next order of claimants is the deceased’s grandparents and their descendents such as the victim’s uncles or aunts.