Wrongful death claim intake

Legal information only. Wrongful death claims are highly fact-specific and vary significantly by state. This tool screens potential claims only. Always consult a licensed personal injury attorney immediately - wrongful death statutes of limitations are strict. See our full disclaimer.

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Wrongful death claims - the basics

A wrongful death claim is a lawsuit brought by surviving family members when someone dies due to the negligence, recklessness, or intentional act of another party. Every state has a wrongful death statute defining who can sue, what damages are recoverable, and how long you have to file. These statutes vary significantly from state to state.

Wrongful death claims are separate from criminal charges. A defendant can be acquitted of manslaughter but still lose a civil wrongful death lawsuit. The civil standard (preponderance of evidence) is lower than the criminal standard (beyond reasonable doubt). Many wrongful death cases settle confidentially without ever going to trial.

Who can file a wrongful death claim

Most states limit wrongful death claims to immediate family members - surviving spouse, children, and parents of unmarried victims. Some states extend standing to financial dependents and siblings. The claim is typically filed by the estate's personal representative on behalf of all eligible survivors. State law determines both who can sue and how the recovery is distributed among family members.

Recoverable damages

Wrongful death damages typically include: economic losses (the deceased's expected future earnings, benefits, and financial support), loss of services (household services, childcare), loss of companionship and consortium, funeral and burial expenses, and the deceased's pre-death pain and suffering through a survival claim. Some states allow punitive damages for egregious conduct. The deceased's age, income, health, and family situation all drive the damages calculation.

Frequently asked questions

Wrongful death statutes of limitations vary by state, typically 2 to 3 years from the date of death. Some states run the clock from the date of the negligent act rather than the death date if they differ. Government entity wrongful death claims have much shorter administrative notice deadlines. Missing the deadline permanently bars the claim. Contact an attorney immediately after a suspicious or negligence-related death - this is a situation where there is truly no time to wait.

In comparative fault states, yes. If the deceased was 30% at fault for their own death, the family's wrongful death recovery is reduced by 30%. In contributory negligence states, any fault by the deceased can bar recovery entirely. The defendant almost always argues the deceased was partially at fault. Documenting what the defendant did wrong - independent of what the deceased may have done - is critical to maximizing recovery.

Economic damages are lower for low-income or retired decedents, but non-economic damages (loss of companionship, consortium, society) are not income-dependent. The death of a parent, spouse, or child produces real non-economic harm regardless of the deceased's earning capacity. Many wrongful death cases involving low-income or elderly decedents still produce significant recoveries based on non-economic damages alone, especially in sympathetic circumstances.

Yes. Civil wrongful death claims and criminal proceedings are completely separate. A civil claim doesn't require a criminal conviction, and a criminal acquittal doesn't prevent a civil recovery. The civil standard of proof is much lower. Criminal prosecutors focus on punishment; wrongful death attorneys focus on compensation for the family. Both can proceed simultaneously. O.J. Simpson is the most famous example - acquitted criminally but found liable in the civil wrongful death case.

State law determines how wrongful death proceeds are distributed. In most states, the surviving spouse and children share the recovery. If there's no spouse or children, parents may receive the proceeds. Some states require probate court approval of the distribution. When multiple family members are involved, they must all agree on the settlement for it to proceed, or a court divides the proceeds. Your attorney coordinates the distribution process.