Wrongful death lawsuits allow a decedent's personal representative and beneficiaries to seek compensation for expenses, lost support, loss of companionship, and other damages. Every state has a wrongful death law; deadlines, who may sue, and recoverable damages differ by jurisdiction. Consult an attorney promptly.

What a wrongful death claim is

A wrongful death claim is a civil lawsuit brought after a person dies because of another party's wrongful act, omission, or negligence. These claims are designed to compensate the survivors and the deceased's estate for financial and nonfinancial losses tied to the death.

Who may bring the claim

State law controls who can file. In most U.S. jurisdictions the decedent's personal representative (executor or administrator) must bring the action on behalf of the estate and the decedent's survivors. Statutes typically prioritize close relatives - spouse, children, and sometimes parents - as the beneficiaries who may receive any recovery. The exact order of who may sue and who receives damages depends on the state statute.

Statutes of limitations and timing issues

Every state has a wrongful death statute, and time limits for filing vary by state. Many states set relatively short deadlines, and some have special rules when the death is caused by a governmental entity or when the cause of death is not discovered immediately. Because deadlines differ and evidence can disappear quickly, families should consult an attorney promptly to preserve claims and meet procedural requirements.

Types of recoverable damages

Damages available in wrongful death cases vary by jurisdiction, but common categories include:

  • Medical and funeral expenses incurred because of the injury and death.
  • Lost financial support and benefits the decedent would have provided (future earnings, pension, health insurance contributions).
  • Loss of household services the deceased provided.
  • Loss of companionship, guidance, or consortium (non-economic losses) for spouses and sometimes children.
  • Loss of inheritance when the death reduced the estate the survivors would have received.
  • Punitive damages in jurisdictions that permit them when the defendant's conduct was especially reckless or intentional.
Separate from wrongful death, many states allow a survival action brought by the decedent's estate to recover the decedent's pre-death damages - for example, pain and suffering experienced between injury and death or medical expenses paid by the estate.

Other practical considerations

Comparative or contributory fault rules in many states can reduce or bar recovery if the decedent (or a survivor) was partly at fault. Some states cap certain damages (for example, non-economic damages in medical malpractice cases). Insurance limits, the defendant's assets, and procedural rules about who must bring the suit will all affect the outcome.

Because wrongful death law is state-specific and time-sensitive, early consultation with a lawyer experienced in wrongful death and estate matters is important to protect rights and collect the evidence necessary for a strong claim.

FAQs about Wrongful Death

Who can file a wrongful death claim?
State statutes determine who can file. Usually the decedent's personal representative brings the suit on behalf of the estate and designated survivors such as a spouse, children, or parents.
What types of damages are recoverable?
Common recoverable items include medical and funeral expenses, lost earnings and benefits, loss of household services, loss of companionship, loss of inheritance, and in some cases punitive damages. Availability depends on state law.
How long do I have to file a wrongful death lawsuit?
Time limits vary by state and by the defendant (private party vs. government). Many deadlines are relatively short, so you should seek legal advice promptly to avoid missing the statute of limitations.
What is the difference between a wrongful death action and a survival action?
A wrongful death action compensates survivors for losses caused by the death. A survival action, brought by the decedent's estate, seeks recovery for the decedent's own damages before death, such as pain and suffering or medical costs.

News about Wrongful Death

Family of Brianna Aguilera sues over alcohol service ahead of death - foxnews.com [Visit Site | Read More]

The Boathouse Receives Wrongful Death Lawsuit After Man Chokes on Steak - WDW News Today [Visit Site | Read More]

UnitedHealth reduced hospitalizations for nursing home seniors. Now it faces wrongful death claims - The Guardian [Visit Site | Read More]

OpenAI, Microsoft, Sam Altman sued for wrongful death in murder-suicide case - Axios [Visit Site | Read More]

As Tyler Skaggs wrongful death case heads to jury, Angels insurers weigh merits of a settlement - Los Angeles Times [Visit Site | Read More]

Parents of sextortion victim sue Meta for alleged wrongful death - The Guardian [Visit Site | Read More]

Tyler Skaggs' family reaches a settlement with the Angels during deliberations in wrongful-death case - Los Angeles Times [Visit Site | Read More]

Google, Character.AI settle wrongful death lawsuits filed by parents - MLex [Visit Site | Read More]