Wrongful Death Claims: Understanding Your Legal Rights
Losing a loved one due to someone else's negligence is devastating. Understanding the basics of wrongful death law can help families navigate a difficult and unfamiliar process.
How Wrongful Death Claims Arise
A wrongful death claim can arise from virtually any situation where a death results from another party's negligence or wrongful conduct — fatal car, truck, or motorcycle accidents, medical malpractice, defective products, workplace accidents, and criminal acts can all potentially give rise to a wrongful death claim.
These claims exist because, historically, the law didn't always provide a way for the surviving family of someone killed by another's negligence to recover damages — wrongful death statutes were created specifically to fill this gap and provide a remedy for surviving loved ones.
Who Has the Right to File?
Wrongful death claims are typically filed by a personal representative (sometimes called an executor or administrator) of the deceased person's estate, acting on behalf of certain statutorily defined beneficiaries — most commonly a surviving spouse, children, and parents.
If the deceased person didn't have a surviving spouse, children, or parents, some states allow other relatives or financial dependents to bring a claim. Because the specific rules about who qualifies vary significantly by state, identifying the proper parties is an important first step in any wrongful death case.
What Damages Can Be Recovered?
Wrongful death damages aim to compensate survivors for the impact of losing their loved one. Economic damages can include the financial support the deceased would have provided over their expected lifetime, the value of services they would have performed (such as childcare or household labor), and funeral and burial expenses.
Non-economic damages may include compensation for the loss of companionship, guidance, and emotional support the deceased provided — though the availability and scope of these damages vary by state. Some states also permit the surviving family to recover for their own grief and suffering resulting from the loss.
A related but distinct claim — a 'survival action' — allows the deceased's estate to pursue damages the deceased could have claimed had they survived, such as medical expenses and pain and suffering experienced between the time of injury and death.
Need More Information?
Visit our practice area guides for in-depth coverage of specific types of injury claims, or get in touch with your questions.