Wrongful Death Claims: Who Can File, Damages and Deadlines
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- A wrongful death claim is a civil case brought by family members or dependents against someone whose negligent or wrongful conduct caused a death.
- State laws decide who can file, what damages are available and how long families have.
- Spouses and children are typically included, and in some states parents, siblings or other dependents may be too.
- Damages can cover lost financial support, funeral expenses and other losses, depending on the state.
- A wrongful death claim is separate from any criminal case, and deadlines can be short.
Losing a loved one because of someone else's actions is devastating. Families are often asked to deal with legal and financial questions while they are grieving. This guide explains, in plain language, what a wrongful death claim is and how it generally works. It is educational information only and not legal advice. If you are in this situation, we are sorry for your loss.
What a wrongful death claim is
A wrongful death claim is a civil lawsuit brought by family members or dependents against a person or organization whose negligent, reckless or intentional conduct caused another person's death. It allows surviving family members to seek compensation for the losses they suffer because of the death.
These claims are created and governed by state law. Each state decides who may bring the claim, what damages are allowed and what deadlines apply.
Wrongful death claims and criminal cases
A wrongful death claim is separate from a criminal prosecution. A person can face criminal charges and also be sued in a civil case for the same event. Because civil cases generally use a lower standard of proof, a person may be found liable in a wrongful death case even if they are not convicted of a crime.
Who can file?
State statutes decide. Spouses and children are typically covered. Some states also allow parents, siblings or other dependents to benefit, and some require that the claim be filed by the personal representative of the person's estate on behalf of the family. Because the rules differ so much, check your state's wrongful death statute.
What damages can cover
Damages in a wrongful death claim are meant to compensate for the losses caused by the death. Depending on the state, they can include:
- lost financial support and the income the person would have earned;
- funeral and burial expenses;
- medical costs related to the final illness or injury;
- the loss of companionship, guidance and care;
- pain and emotional harm the person suffered before dying, in some states;
- punitive damages in some states when the conduct was reckless or intentional.
Factors such as the person's age, income before death, expected future earnings and how much family members depended on them can affect the amount.
Wrongful death and survival claims
Many states also allow a related claim, often called a survival action, brought on behalf of the person's estate. It generally covers the person's own losses before death, such as medical bills and pain. Wrongful death claims focus on the family's losses. States handle the two claims differently, and some combine them.
Deadlines
Every state sets a time limit for filing a wrongful death claim, and missing it can end the right to sue. The period is often counted from the date of death, and it can be different from the deadline for an ordinary injury claim. Some situations, such as a government defendant, may require earlier written notice. Learn more in our guide on filing deadlines and try the deadline finder, then confirm with current law.
Practical steps
- Take care of yourself and your family first. Grief affects decision making.
- Keep important documents together, including reports, bills and insurance information.
- Be cautious before signing releases or accepting early offers from insurers.
- Look up your state's deadline, and consider speaking with a licensed attorney in your state. Many offer free initial consultations.
Frequently asked questions
Who can file a wrongful death claim?
State law decides. Spouses and children are commonly included, and some states allow parents, siblings or other dependents. Some require the estate's representative to file.
Can there be a wrongful death claim if no one was convicted of a crime?
Yes. It is a civil case with a lower burden of proof, and it is separate from criminal proceedings.
What compensation can a wrongful death claim include?
It can include lost financial support, funeral expenses and other losses, and in some states pain before death or punitive damages. The rules vary by state.
How long do families have to file?
It depends on the state and the facts, and it is often counted from the date of death. Check your state's law promptly.
Sources and references
- Wrongful death, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Wrongful death action, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Statute of limitations, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Your state's official sources: the state legislature's online statutes, your state court system's self-help pages, and your state insurance department.
This article is educational and is not legal advice. We are not a law firm and do not refer or recommend lawyers. Laws differ by state and change over time. Read our Legal Disclaimer and Editorial Policy.