Overview
A wrongful death claim lets certain surviving family members seek compensation when a loved one dies because of someone else's negligence, but these claims are time-sensitive. Deadlines and eligible filers vary depending on where the death occurred, so it's important to act quickly rather than assume there's plenty of time. Generally, a spouse, children, or a designated estate representative are the ones with the right to bring the claim.
Frequently Asked Questions
What are the deadlines for filing a wrongful death claim?
Wrongful death claims have a strict filing window that starts running from the date of death, and it varies by location, often measured in a small number of years. Missing this deadline typically bars the family from recovering anything at all, no matter how strong the case is, so it's important to speak with a lawyer as soon as possible after a fatal accident.
Who is allowed to file a wrongful death claim?
This usually depends on the family structure and local rules, but it commonly includes a surviving spouse, children, or in some situations parents of the deceased. When there's no surviving spouse or child, the personal representative of the deceased's estate often has the authority to file on behalf of the family.
What compensation can a wrongful death claim recover?
Families may be able to recover funeral and burial costs, the deceased's lost future income and benefits, loss of companionship and guidance, and the medical expenses incurred before death. Some claims also account for the pain and suffering the deceased experienced before passing.
How is a wrongful death claim different from a survival action?
A wrongful death claim compensates the surviving family for their own losses, like lost financial support and companionship. A survival action, by contrast, compensates for what the deceased personally suffered between the injury and death, such as their pain, suffering, and medical bills, and is typically filed by the estate.
Do I need a lawyer to file a wrongful death claim?
It's strongly recommended. These cases involve tight deadlines, multiple potential beneficiaries, and often disputes over liability, all while a grieving family is trying to cope. An attorney can handle the legal process so the family isn't navigating it alone during an already difficult time.
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Get A Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
