What is a wrongful death claim and who can file one?
A wrongful death claim is a civil lawsuit brought on behalf of a deceased person's survivors when death results from the negligent, reckless, or intentional conduct of another party. It allows surviving family members to recover compensation for the economic and non-economic losses they suffer as a result of the death. Every state has a wrongful death statute specifying who may bring such a claim (typically a spouse, children, or parents of the deceased; in some states, siblings or other dependents may qualify under specified circumstances). Recoverable damages commonly include: loss of financial support the deceased would have provided; loss of services (household tasks, childcare, and other contributions); loss of consortium (companionship, guidance, and care); funeral and burial expenses; and in some states, the pain and suffering the deceased experienced before death (through a survival action filed alongside the wrongful death claim). Wrongful death cases have their own statute of limitations — typically 2 years from the date of death — and must be pursued promptly.
For informational purposes only. Not legal advice. Consult a licensed attorney.