Final answer:
In a wrongful death action, the first group of persons allowed to recover damages are the immediate family members, primarily the spouse and children. Extended relatives may become eligible based on the state's intestacy laws if there is no immediate family. The laws vary by state and require consultation with an attorney.
Step-by-step explanation:
When a person dies due to the fault of another, initiating a wrongful death action allows for the recovery of damages by certain individuals. The first group of persons allowed to recover in such cases are typically the immediate family members, starting with the spouse and children, followed by the decedent's parents if there is no spouse or children. In the absence of immediate family, extended relatives such as siblings might be eligible to file a claim based on the specific state's intestacy laws.
It is crucial to understand that the exact hierarchy and eligibility can vary by state since each state has its own intestacy laws which determine the legal beneficiaries upon a person's death without a will. Those permitted to file a wrongful death lawsuit may receive compensation for losses they have suffered as a direct result of the death, such as lost wages, lost companionship, and funeral expenses. The intricacies of these laws underscore the importance of consulting with a qualified attorney to navigate a wrongful death claim.