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In all states, immediate family members (such as spouses and children) of the deceased can file a wrongful death lawsuit. However, state laws on who may file wrongful death charges vary, and contacting a Melbourne wrongful death lawyer is the best way to make sure you have all your information. State laws vary regarding:

• Children who are minors: Some states require appointment of a legal guardian (a guardian ad litem) to look out for minors’ interests in the lawsuit.
• Distant relatives and legal dependants: Some states allow distant family members (such as grandparents) or legal dependants to file a wrongful death lawsuit.
• Parental rights: In the event of a child’s death, some states do not permit parents to press wrongful death lawsuits if the child died in-utero.
• The defendant: If the person who caused the death is a member of the deceased’s family, while subject to criminal penalties, he or she cannot be sued by another family member. State law determines whether a non-blood relatives may be sued.
• The statute of limitations: Survivors have a limited amount of time after a wrongful death to file charges. Survivors cannot bring charges once the time limit has passed.