My sister in law was a pedestrian who was hit by 2 cars and killed. The police suspected the first driver of being intoxicated. He was not arrested, but blood work was taken for toxicology and BAC. If the toxicology comes back that he was impaired, my husband's family was looking into filing a wrongful death suit against the driver. Who can be named to the lawsuit? My sister in law was divorced. Her first ex husband has been harassing my niece (who is not a minor) about filing a lawsuit. Can anyone other than the deceased persons immediate family (mother, children) be named on the law suit? We want to be sure that if the driver is found liable that the money would go to the children.

Anyone can file. Not everyone can collect or even have standing. In a situation like this where there are multiple parties of interest and no one clear beneficiary (such as a current spouse), I'd speak with a lawyer about who may bring suit.