Wrongful Death Claims: What Families Need to Know
When a loved one is killed through someone else's negligence, surviving family members may have the right to file a wrongful death claim. Here's how these claims work.
When Negligence Leads to Death
The loss of a family member due to someone else's negligence is among the most devastating experiences a family can face. Beyond the emotional devastation, the family may face severe financial hardship — the loss of income, benefits, and support that the deceased provided. Wrongful death laws provide surviving family members with a legal mechanism to pursue compensation from those responsible.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action brought by designated survivors when a person is killed as a result of another party's wrongful act, negligence, or default. Wrongful death laws are statutory — they didn't exist at common law and were created by state legislatures to allow families to seek justice when a negligent actor's conduct ends a life rather than merely causing injury.
Who Can File a Wrongful Death Claim?
State laws designate who has standing to bring a wrongful death claim. Common eligible parties include:
- Spouse: A surviving husband or wife is typically the primary eligible plaintiff in most states
- Children: Biological and legally adopted children
- Parents: In many states, parents can bring wrongful death claims for an adult child's death
- Siblings: Some states allow siblings, particularly when there is no surviving spouse or children
- Estate representative: In some states, the wrongful death claim is brought by the personal representative of the decedent's estate on behalf of all beneficiaries
The specific rules vary significantly by state. An attorney can clarify who has standing in your jurisdiction.
What Damages Are Available in a Wrongful Death Case?
Economic Damages
- Lost income and benefits the deceased would have earned over their working life
- Lost household services (childcare, home maintenance, etc.)
- Medical expenses incurred before death
- Funeral and burial expenses
Non-Economic Damages
- Loss of companionship and consortium
- Mental anguish and grief of surviving family members
- Loss of guidance, nurture, and parental support (for surviving children)
- Loss of love and affection
Survival Claims
Some states allow a separate survival claim brought by the estate for damages the deceased would have recovered for their own pain and suffering between the accident and death. This is distinct from the wrongful death claim and requires that the deceased survived the accident for some period of time.
Wrongful Death Statutes of Limitations
The statute of limitations for wrongful death claims typically runs from the date of death rather than the date of the accident. In most states, the limitation period is 2 years, though some states allow 3 years. Some states have specific rules about when the clock starts in cases where death was delayed after the accident. Missing this deadline can permanently bar the claim.
Common Causes of Wrongful Death Claims
- Fatal car and truck accidents
- Medical malpractice resulting in death
- Workplace accidents
- Defective products
- Criminal acts (which can give rise to civil claims even if criminal charges are pursued)
- Nursing home neglect
The Wrongful Death Litigation Process
Wrongful death cases follow a similar process to personal injury litigation, with the important distinctions that the deceased cannot testify and damages necessarily include projections about a future that will now never occur. Economic experts are commonly retained to project lifetime earnings and the financial value of household services. Grief counselors and psychological experts document the emotional impact on survivors.
If you lost a loved one due to someone else's negligence, check your eligibility for assistance here.
Frequently Asked Questions
Can criminal prosecution and a wrongful death claim proceed simultaneously?
Yes. Criminal prosecution and civil wrongful death claims are independent proceedings with different standards of proof. A criminal acquittal does not bar a civil wrongful death claim (as illustrated by the O.J. Simpson case). The civil standard is preponderance of the evidence; the criminal standard is beyond a reasonable doubt.
How is a wrongful death settlement distributed?
Distribution depends on state law and the terms of any settlement agreement. In states where the estate brings the claim, distribution is typically governed by probate law and the decedent's will or state intestacy laws. In other states, statutes specify how wrongful death proceeds are apportioned among eligible claimants.
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Consumer Legal Request Editorial Team
The Consumer Legal Request Editorial Team produces educational legal content for consumers. Our articles are reviewed for accuracy and compliance and are intended for informational purposes only. Nothing on this site constitutes legal advice or creates an attorney-client relationship.