Q: Can a stay-at-home mom without an income file a wrongful death lawsuit?

A: If you are within the statutory degree of familial relationship to the person who died in an incident that was wrongfully/negligently caused by another, then you can sue. Even if any other person statutorily allowed to sue files a claim, all other living persons within the statutory class of relatives are required to be notified and given an opportunity to be included in the action and share in the proceeds of the claim. How much money you earn or don’t earn has nothing to do with your right to make a claim.

A: If this is your spouse, I am very sorry for your loss.

It would be helpful to have a more specific idea what your question is as actions for the death of an individual by their surviving spouses can get complicated. There are two main actions, one on behalf the people injured by the loss such as the surviving spouse and one on behalf the deceased person for the loss caused to that person, essentially.

If the person who passed away was the spouse who stayed at home, there are still claims available to compensate the family for the loss of their valuable support and unpaid work. I know that my family would be at a loss if we lost my stay at home wife.

A surviving spouse has the right to participate in both types of actions and whether that spouse has an income would have no bearing on the issue.

If you are asking about the financial ability to bring such an action, many attorneys offer free consultations to discuss the details of the case and personal injury attorneys often work on contingency fee agreements in car accidents and the like. I recommend you talk with a personal injury lawyer to go over your case in more detail.

Sorry again for your loss.