Wrongful Death
A wrongful death claim is brought by eligible family members or the estate when a person dies as a result of someone else's negligent or wrongful act. State law defines who can file and what damages are recoverable.
Who can file
State statutes define who has standing. The list typically includes the surviving spouse, children, and sometimes parents. Some states give priority to the personal representative of the estate. Who files affects which damages are available.
Two claims that often run together
Many states recognize two related but distinct claims:
- A wrongful death claim, brought by surviving family members for their own losses — lost financial support, lost companionship, and the emotional harm of losing the person
- A survival action, brought by the estate for what the decedent would have recovered had they lived — including medical costs and pain and suffering between the injury and death
Damages typically available
Depending on the state, damages may include:
- Lost financial support the decedent would have provided
- Loss of consortium, companionship, and guidance
- Medical and funeral expenses
- Conscious pain and suffering before death, through a survival action
- Punitive damages, in rare cases involving egregious conduct
Time limits are tighter than usual
Wrongful death claims have their own statute of limitations, separate from the ordinary personal injury limit. In many states it's two years from the date of death, but it varies significantly. Some state systems also have shorter notice-of-claim requirements if the defendant is a government entity.
Key Takeaways
- 01State law defines who can file and what's recoverable — the rules vary a lot.
- 02Wrongful death and survival actions are separate claims that often run together.
- 03Damages cover both financial losses and the loss of the relationship itself.
- 04Deadlines are strict and separate from the ordinary injury statute of limitations.
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.