A wrongful death action is a lawsuit for damages filed by the spouse (not ex-spouse) and/or heirs of a deceased adult, or by the parent(s) of a deceased unmarried adult who had no children, or by the parent(s) of a deceased unmarried minor who had no children against the person or entity who wrongfully killed the deceased. Such a suit would be warranted when the facts that led to the death would have given rise to a personal injury suit, had the victim survived the incident.
During the first year after the death, the decedent’s spouse—if they had one—has an exclusive right to file a wrongful death lawsuit, although they may elect in writing to allow eligible heirs to join the lawsuit. If neither a spouse nor an heir is available to act as a plaintiff, or if neither party files within a year, the decedent’s parents may pursue a case.