Wrongful death claims are a type of personal injury claim that involve eligible survivors holding someone responsible for the death of their loved one. However, not just anyone can file a wrongful death claim. State laws about who can file a claim vary, and they often closely align with a state's intestate laws. In most states, surviving spouses can initiate a claim. If no spouse exists, children or parents can typically file a claim. Finally, other family members might have a claim if the deceased has no spouse, no children, or their parents have passed. Wrongful death claims have a reputation for being complex. For example, even if you have a viable claim, you technically might not be able to file the claim. Some states only allow a personal representative of the deceased person's estate to file the claim. Any compensation recovered goes to the estate, where it gets distributed based on the state's intestate laws. Calling a lawyer is the best way to find out if you have a legitimate wrongful death claim in the wake of losing a loved one in a car accident. A wrongful death lawyer can also advise you on the specific requirements related to who files the claim.