A wrongful death claim lets certain family members seek compensation when someone dies because of another party's negligence or wrongful act. It is a civil case, separate from any criminal prosecution.
Who may file
State law sets who can bring the claim. It is often the personal representative of the estate, acting for surviving spouses, children and sometimes parents or other dependents. The order of eligibility varies by state.
What must be shown
- The death was caused by the defendant's wrongful act or negligence.
- The deceased could have brought a claim had they survived.
- Survivors suffered losses as a result.
Possible damages
- Funeral and burial costs and final medical expenses.
- Lost income and benefits the person would have provided.
- Loss of care, guidance and companionship.
- Pain and suffering the person experienced before death, which may be recovered by the estate in a separate survival action.
Deadlines and practical steps
The time limit often runs from the date of death and is frequently short, commonly one to three years. Claims against government bodies can have much shorter notice periods. Preserve records, medical and accident reports and any evidence right away, and consult a lawyer experienced in these cases, many of whom work on contingency.
Frequently asked questions
Is a criminal case required?
No. A civil claim can proceed whether or not charges are filed, and the standard of proof is lower in civil court.
Can a claim settle without going to trial?
Most do, but court approval may be required, especially when children are among the beneficiaries.