As a general rule, the only ones eligible to file a wrongful death claim are the spouse, children and parents of the victim. But if another member of the victim's immediate family witnesses the incident, and fulfils a few other requirements, they may also be able to obtain a damages settlement via a "bystander claim."
Bystander recovery claims differ from wrongful death claims because the focus is not on the victim but the witness. Witnessing the injury or death of a loved one can have a profound impact and cause all kinds of trauma. Bystander claims are designed to help people in that awful situation on the road to recovery. As such, they are completely different from the wrongful death claim which may be filed in relation to the same incident.