Wrongful Death Claims — What Families Need to Know

A wrongful death claim is a civil lawsuit filed by the surviving family members or estate of a person who died due to another's negligence, recklessness, or intentional act. It is the civil law equivalent of what might be a criminal homicide charge — the burden of proof is lower (preponderance of evidence, not beyond a reasonable doubt) and the remedy is financial compensation rather than criminal punishment.

Common causes of wrongful death lawsuits include: car accidents and truck accidents, medical malpractice, defective products, workplace accidents, premises liability, and criminal acts (murder or assault where the family sues the perpetrator civilly).

Who can file varies by state, but typically includes: the surviving spouse, children (including adopted and sometimes stepchildren), parents of an unmarried deceased person, siblings in some states, and the personal representative of the deceased's estate.

In most states, only one lawsuit is filed on behalf of all eligible beneficiaries. The damages are then distributed among them according to their relationship and financial dependency on the deceased.

Some states also allow financial dependents who aren't family members to file, and a handful allow distant relatives to file if no immediate family exists.

Wrongful death damages typically include: economic damages such as the deceased's lost future income and earning capacity, medical and funeral expenses, lost financial support and benefits the family would have received, and the value of household services the deceased provided.

Non-economic damages include loss of companionship, consortium, guidance, and parental care. These are often capped in many states.

Some states allow punitive damages in wrongful death cases if the defendant's conduct was especially egregious or reckless — for example, a drunk driver or a corporation that knowingly sold a dangerous product.

The value of a wrongful death claim depends heavily on the deceased's age, earning capacity, health, and family circumstances. The wrongful death of a 35-year-old professional with young children and decades of earning capacity ahead will typically be worth far more than that of a retired person with no dependents.

Many states recognize two related but distinct claims when someone dies due to negligence: a wrongful death claim (for the family's losses) and a survival claim (for the deceased person's own losses before death).

A survival claim allows the estate to recover for pain and suffering, medical expenses, and other losses the deceased experienced between the injury and death. In cases where the victim survived for days, weeks, or months after the injury, a survival claim can substantially increase total recovery.

Not all states allow survival claims, and the rules vary significantly. Your wrongful death attorney will identify which claims are available in your state.