A wrongful death claim can be filed any time the deceased would have qualified for a Workers’ Compensation claim for injuries on the job. This means that the accident that occurred at work caused the employee’s death. You have three years from the date of death to file a wrongful death claim on behalf of the deceased’s estate. These claims should be filed when the negligence of the employer or a manufacturer caused your loved one’s death. Immediate family members may file a claim, or extended family members such as aunts, uncles, cousins, nieces, or nephews can file a claim if there are no immediate family members available. In extreme cases, the representative or person who inherited the deceased’s estate can file a wrongful death suit.