Understanding Wrongful Death Claims
When someone dies as a result of another party’s negligence, the legal system provides a specific mechanism for the surviving family to seek accountability and compensation. A wrongful death claim is not simply a personal injury case pursued after the fact. It is a distinct legal action with its own rules about who can file, what can be recovered, and how those damages are calculated.
Wrongful Death Law Exists to Protect Surviving Families
Our friends at Woron and Dhillon, LLC work through this carefully with families who come in after losing someone due to another party’s negligence: the grief and the legal process are two entirely separate things, and understanding the legal framework does not require resolving the grief first. A wrongful death lawyer may be able to help surviving family members pursue compensation for financial losses, the loss of future support, and the profound personal impact of losing a family member to someone else’s negligence, but the path forward begins with understanding what a wrongful death claim actually involves under applicable law. The law cannot undo the loss. It can provide a means of financial accountability.
Who Has the Legal Right to File
Wrongful death laws are governed at the state level, and the rules regarding who may bring a claim vary significantly by jurisdiction. In most states, the right to file belongs to a limited class of individuals who are defined by statute. Common eligible parties include:
- A surviving spouse
- Minor children of the deceased
- Adult children, in some jurisdictions
- Parents of a deceased minor child
- Other dependents or individuals who can demonstrate financial reliance on the deceased
In many states, the claim is filed by the personal representative of the deceased’s estate on behalf of the eligible surviving parties. Your attorney will identify who holds standing to bring a claim under the law of the applicable jurisdiction.
What Damages Are Available
The categories of recoverable damages in a wrongful death claim differ from those in a standard personal injury matter because the injured party is no longer living. The claim is built around what the survivors have lost, not what the deceased personally suffered.
Economic damages typically include the financial support the deceased would have provided to surviving family members over their expected lifetime, the value of services they performed within the household, medical and funeral expenses incurred as a result of the death, and the loss of any inheritance that the deceased would reasonably have accumulated.
Non-economic damages address the loss of companionship, guidance, and emotional support that the surviving family members have sustained. In some jurisdictions, surviving spouses may also pursue damages for loss of consortium, which addresses the relational and personal dimension of the loss.
Survival Claims and Wrongful Death Claims Are Different
A survival claim is related to but distinct from a wrongful death action. Where a wrongful death claim compensates the surviving family for their own losses, a survival claim addresses the damages the deceased would have been entitled to pursue had they survived, including pain and suffering experienced between the incident and death and medical expenses incurred during that period.
Whether a survival claim can be brought alongside a wrongful death action depends on the law of the applicable state. Your attorney will assess which claims are available and how they interact with one another.
The Statute of Limitations in Wrongful Death Cases
Wrongful death claims are subject to their own statute of limitations, which may be different from the general personal injury deadline in the same jurisdiction. The clock typically begins running from the date of death rather than the date of the underlying incident, though this too varies by state.
For a general reference on how wrongful death statutes operate and what they typically provide, the Legal Information Institute at Cornell Law School offers a clear and accessible overview of the legal framework.
Missing the applicable deadline permanently extinguishes the right to file, regardless of the strength of the underlying claim. This is not a situation where delay is a reasonable option.
How Damages Are Distributed Among Survivors
When a wrongful death case resolves, whether through settlement or verdict, the distribution of proceeds among eligible surviving parties follows either the terms of the settlement agreement or the applicable state law governing distribution. This can be a source of significant disagreement among family members, particularly in blended families or situations where the deceased had children from prior relationships.
Your attorney will address distribution as part of the overall case management and can help surviving parties understand what the applicable rules provide and what disputes, if any, need to be resolved before proceeds can be distributed.
Speak With Our Office About Your Family’s Options
If you have lost a family member due to another party’s negligence and want to understand what a wrongful death claim may involve for your specific circumstances, speaking with a personal injury attorney is the right and immediate first step. Contact our office to schedule a time to discuss your situation and what legal options may be available to your family.