For families who have lost someone due to another party's negligence. Your rights, the legal timeline, and what to expect from a wrongful death claim.
Losing a loved one due to another's negligence is devastating. A wrongful death claim cannot bring your loved one back, but it can provide financial security and hold the responsible party accountable.
Spouse or domestic partner — in all states
Children — biological, adopted, and sometimes stepchildren
Parents — typically when the deceased had no spouse or children
Financial dependents — in some states
Rules vary by state. An attorney can confirm who has standing in your state.
All medical costs related to the fatal injury, including emergency care and hospitalization.
Reasonable funeral, burial, or cremation costs.
The income the deceased would have earned over their expected working lifetime, including salary, benefits, and retirement contributions.
Compensation for the loss of the deceased's love, affection, guidance, and emotional support.
If the deceased suffered before death, compensation can be recovered as part of the estate's claim.
In cases of gross negligence or intentional conduct, additional damages to punish the at-fault party.
Contact a wrongful death attorney immediately — before speaking with any insurance company
Preserve all evidence related to the incident — do not discard anything
Obtain the official death certificate
Document all expenses — medical, funeral, and other costs
Do NOT accept any early settlement from the at-fault party's insurance
Be aware of the statute of limitations — typically 2 years from the date of death
A wrongful death claim is a civil lawsuit brought by surviving family members of someone who died due to another's negligence or intentional conduct. It seeks financial compensation for the losses the family has suffered.
Typically 2 years from the date of death in most states. Missing this deadline permanently bars the claim. Contact an attorney as soon as possible — ideally within weeks of the death.
Yes. A civil wrongful death claim is completely separate from any criminal case. The burden of proof in civil court is lower. You can pursue a civil claim regardless of the criminal outcome.
Cases involving young working adults with families frequently settle for $500,000 to several million dollars. Factors include the deceased's age, earning capacity, number of dependents, and strength of liability.
Comparative negligence rules apply. If the deceased was 30% at fault and total damages are $1,000,000, the recovery would be $700,000 in a comparative negligence state.
State-specific laws, deadlines, and local rules for your jurisdiction.
Now that you know your rights, find a personal injury attorney near you. Free, private, no spam — you choose who to contact.