Who Can File a Wrongful Death Claim
Wrongful death claims are brought by surviving family members when a person dies due to another party's negligence or intentional act. Who can sue varies by state — typically immediate family members (spouse, children, parents) have standing. Some states allow extended family or financial dependents to file.
Economic Damages in Wrongful Death Cases
- Lost financial support the deceased would have provided to the family
- Lost future earnings calculated based on the deceased's age, career, and life expectancy
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of household services the deceased provided
Non-Economic Damages
- Loss of companionship and consortium
- Loss of parental guidance for surviving children
- Grief, sorrow, and mental anguish of surviving family members
- Loss of care, comfort, and society
Survival Actions vs. Wrongful Death Claims
Many states allow two separate types of claims when someone dies: a wrongful death claim (for damages suffered by survivors) and a survival action (for damages suffered by the deceased before death — including pain and suffering between the injury and death). Whether these are brought together or separately depends on state law.
Damages Caps in Wrongful Death Cases
Some states cap non-economic damages in wrongful death cases. An attorney familiar with your state's wrongful death law can advise on what your family may be able to recover and any applicable limitations.
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InjuryClaimSource is an educational resource. We are not a law firm and do not provide legal advice. Consult a qualified personal injury attorney for advice about your specific situation.