What Is a Wrongful Death Claim
A wrongful death claim is a civil lawsuit brought by surviving family members or the estate of a person who died as a result of another party's negligence or intentional misconduct. It is separate from any criminal prosecution — criminal charges are brought by the government, and a wrongful death suit is brought by the family regardless of whether criminal charges are filed or a conviction results. The O.J. Simpson civil case is the most well-known example of this distinction: he was acquitted criminally but found liable in a civil wrongful death suit.
Who Has Standing to File
Wrongful death standing rules vary by state, but most states allow the following parties to bring a claim:
- Spouses — A surviving husband or wife typically has standing in every state.
- Children — Minor children almost universally have standing. Adult children have standing in most states.
- Parents — Parents of an unmarried minor who dies generally have standing. Some states extend standing to parents of adult children.
- Estates — In many states, the personal representative of the deceased person's estate files the lawsuit on behalf of all beneficiaries, rather than each family member filing individually.
Siblings, domestic partners, and other relatives have standing in some states but not others. An attorney licensed in your state can clarify exactly who qualifies.
What Damages Are Available
Wrongful death damages generally fall into two categories: economic and non-economic. Economic damages include the financial support the deceased would have provided over their lifetime — calculated from their earnings history and expected working years — as well as funeral and burial expenses, and lost benefits like health insurance or pension contributions. Non-economic damages cover the loss of companionship, guidance, and care that the deceased would have provided. Some states cap non-economic damages in certain types of cases; others do not.
Survival Claims vs. Wrongful Death Claims
In many states, two separate lawsuits can arise from the same death. The wrongful death claim covers the family's losses. A survival claim is brought by the estate and covers the suffering and losses the deceased experienced between the time of the injury and death — medical bills, pain and suffering during that period, and similar damages. An experienced wrongful death attorney typically evaluates both simultaneously.
Time Limits Are Short
Wrongful death statutes of limitations are often two years from the date of death, and in some states shorter. Consulting an attorney promptly matters not only for legal deadlines but because evidence — surveillance footage, accident reconstruction data, medical records — can become harder to obtain over time. LawsuitLawyer.ai can connect your family with a vetted wrongful death attorney at no cost.
