What Is a Wrongful Death Lawsuit? Who Can Sue and for What

Losing a family member because of someone else's carelessness raises hard questions. A wrongful death lawsuit is how the law lets survivors hold the responsible party accountable for the financial and personal losses the death caused.

What it is

At common law, a personal injury claim ended with the injured person's death. Every state has since passed a wrongful death statute that creates a claim for survivors (Cornell LII). The claim requires the same basic proof as an injury case: that the defendant was negligent or acted intentionally and that this caused the death.

Common situations include fatal car and truck crashes, medical malpractice, defective products, workplace accidents involving third parties, and violent acts.

Who can file

The statute in each state decides. Typical patterns:

The personal representative (executor or administrator) of the estate files on behalf of the beneficiaries; or
Close family members file directly, often in a set order: spouse, children, then parents.

Some states also allow claims by financial dependents or domestic partners. Because the person bringing the case may need to be appointed by a probate court first, the estate process can affect timing; see how probate works.

What damages are available

Damages	Examples
Economic	Lost financial support, lost benefits, value of household services, medical bills before death, funeral and burial costs
Non-economic	Loss of companionship, care, guidance and consortium; some states allow survivors' grief
Punitive	Allowed in some states for reckless or intentional conduct

Wrongful death vs. survival action

A survival action is the deceased person's own injury claim, which "survives" and is brought by the estate: their pain and suffering before death, medical bills and lost wages until death. Many cases include both claims.

Wrongful death vs. criminal charges

A criminal case is brought by the government and can lead to prison. A wrongful death case is brought by the family for money damages and uses the lower "preponderance of the evidence" standard. A civil claim can succeed even without a conviction.

Deadlines

Wrongful death statutes of limitations are often two years from the date of death, but they vary by state and can be shorter for claims against government entities or longer in a few states. Medical malpractice deaths may follow malpractice deadlines.

Getting help

Wrongful death cases often involve several insurers, experts and probate steps. A personal injury lawyer who handles wrongful death can explain who should file in your state, usually on a contingency fee.

Sources

This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

What Is a Wrongful Death Lawsuit?