Wrongful Death Claims

A wrongful death claim allows certain surviving family members to seek compensation when a loved one dies due to another party's negligent or wrongful conduct.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought when a person's death is caused by the negligence, recklessness, or intentional act of another party. These claims can arise from a wide range of situations, including fatal car accidents, medical malpractice, defective products, workplace accidents, and criminal acts.

Wrongful death claims are separate from any criminal charges that might be filed against the responsible party. A criminal case focuses on punishment (such as jail time), while a wrongful death lawsuit focuses on compensating the surviving family members for their losses. It's possible for a criminal case and a civil wrongful death case to proceed independently — even if a defendant is found not guilty criminally, they can still be found liable in a civil case under the lower 'preponderance of the evidence' standard.

Who Can File a Wrongful Death Claim?

The rules about who can bring a wrongful death claim vary by state, but typically the lawsuit must be filed by a personal representative of the deceased's estate on behalf of certain surviving family members. Common categories of eligible claimants include spouses, children, and parents of the deceased.

In some states, more distant relatives or financial dependents may also be able to recover damages if there is no surviving spouse, child, or parent. Because these rules differ significantly between jurisdictions, identifying the proper party to bring the claim is an important early step.

Damages in Wrongful Death Cases

Wrongful death damages are intended to compensate survivors for their losses resulting from the death. These can include the deceased's lost future earnings and benefits, loss of the deceased's services and support, funeral and burial expenses, medical expenses incurred prior to death, and loss of companionship, guidance, and consortium.

Some states also allow recovery for the survivors' own grief and mental anguish, while others limit recovery to economic losses. Separately, a 'survival action' may allow the estate to recover damages the deceased could have claimed had they survived — such as pain and suffering experienced between the injury and death, and medical bills incurred during that time.

In cases involving particularly egregious conduct, punitive damages may also be available in some jurisdictions, intended to punish the wrongdoer rather than simply compensate the family.

Frequently Asked Questions

How long do surviving family members have to file a wrongful death claim?

Most states impose a statute of limitations for wrongful death claims, often around two years from the date of death, though this varies by jurisdiction and the underlying cause of the death (for example, claims involving medical malpractice may have different deadlines).

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates surviving family members for their own losses resulting from the death (such as lost financial support and loss of companionship). A survival action, by contrast, allows the deceased's estate to recover damages the deceased personally suffered before death, such as medical expenses and pain and suffering experienced prior to passing.

Can a wrongful death claim proceed if no criminal charges were filed?

Yes. A wrongful death claim is a civil matter that is entirely separate from the criminal justice system. Civil claims can proceed regardless of whether criminal charges are filed, dropped, or result in an acquittal, because civil cases use a different standard of proof.

Considering a Claim?

This page provides general information and is not a substitute for advice from a licensed attorney. If you or a loved one has been injured, consider speaking with a personal injury attorney in your area to discuss the specific facts of your situation.