Philadelphia, PA personal injury attorney Leon Aussprung M.D., ESQ. talks about who can bring a wrongful death suit. He points out that when an individual dies, the right to bring a lawsuit for their injuries generally dies with them. To address this, an estate must be established. Once an estate is created, a court appoints an administrator or executor to manage it. If the deceased left a will, the executor is typically named therein, often a spouse, child, or parent. If there is no will, state intestacy laws determine who may be appointed, usually a spouse, but sometimes children, parents, or siblings.

The appointed administrator or executor then has the legal authority to file a lawsuit on behalf of the deceased. This representative pursues claims on behalf of the estate, such as compensation for pain and suffering prior to death, as well as claims on behalf of the beneficiaries, including non-economic damages for minor children who have lost a parent. The administrator acts as the legal voice for both the estate and its beneficiaries throughout the litigation process.