What Is a Wrongful Death Claim
A wrongful death claim is a civil lawsuit brought by surviving family members when someone dies due to another party's negligence, recklessness, or intentional act. It is separate from any criminal prosecution — a civil claim can succeed even when criminal charges aren\'t filed or result in acquittal.
Common situations giving rise to wrongful death claims include: fatal car accidents caused by a negligent driver, medical malpractice, workplace accidents caused by an employer's negligence, defective products, and premises liability (slip and fall fatalities).
Who Can File
State law determines who has "standing" to file a wrongful death claim. Most states allow:
- Surviving spouse
- Children (including adult children in most states)
- Parents, if the deceased was unmarried and had no children
- Other dependents in some states
Many states require the claim to be filed by a personal representative of the deceased's estate, even if the recovery goes to family members. An attorney familiar with your state\'s wrongful death law can clarify who must be the named plaintiff.
What Damages Can Be Recovered
- Economic damages: Funeral and burial expenses; medical bills incurred before death; the present value of the deceased's future income and financial support; household services the deceased would have provided
- Non-economic damages (varies by state): Loss of companionship and consortium; emotional pain and grief of surviving family members; loss of parental guidance for minor children; loss of the deceased's own future enjoyment of life (in some states)
Some states cap non-economic damages in wrongful death cases. Others exclude grief damages for adult children or parents of adults. The specific recoverable damages depend entirely on your state's wrongful death statute.
Frequently Asked Questions
Who can file a wrongful death claim?
Typically a surviving spouse, children, and sometimes parents, depending on state law. Many states require the claim to be filed through the estate.
What damages are recoverable?
Economic damages (funeral costs, lost income, medical bills) and non-economic damages (loss of companionship, emotional suffering) — specific recoverable items depend on your state.
What is the statute of limitations?
Typically 1-3 years from the date of death, varying by state. Missing the deadline generally bars the claim. Contact an attorney promptly.
Find a Personal Injury Attorney in Your City
InjuryClaimSource is an educational resource. We are not a law firm. Wrongful death laws vary significantly by state. If you believe you may have a wrongful death claim, consult a qualified personal injury attorney in your state immediately — statutes of limitations are strict.