Personal Injury · Haute Lawyer Network
What Is a Wrongful Death Claim?
Last reviewed: June 2026
A wrongful death claim is a civil lawsuit brought by surviving family members or the estate of a person who was killed due to the negligent, reckless, or intentional conduct of another. It holds defendants accountable for deaths caused by their wrongful conduct and compensates survivors for their losses.
Wrongful death claims arise from car accidents, medical malpractice, workplace accidents, defective products, and criminal conduct.
Who Can File
Wrongful death statutes specify who has standing. In most states this is the surviving spouse, children, and parents. Some states extend standing to other dependents or to the estate itself.
Damages Available
Economic damages — funeral and burial expenses, medical bills incurred before death, lost income over the deceased's lifetime, loss of financial support provided to survivors, and loss of services.
Non-economic damages — loss of companionship, comfort, guidance, and care. These are called loss of consortium damages.
Punitive damages — available in some states for intentional or egregious conduct.
Survival damages — damages the deceased would have claimed had they survived — including pain and suffering before death.
Frequently Asked Questions
What is the statute of limitations for wrongful death?
Most states have a 2-year statute of limitations from the date of death. Consult an attorney immediately to confirm the applicable deadline.
Can a wrongful death claim proceed if criminal charges are also filed?
Yes. Civil and criminal proceedings are separate with different standards of proof. A criminal acquittal does not prevent a wrongful death claim from succeeding.
What if the deceased was partially at fault?
Comparative negligence applies. Recovery is reduced by the deceased's percentage of fault.
How is a wrongful death case valued?
Economists calculate lost future earnings based on the deceased's age, education, and career trajectory. Life expectancy tables, benefits projections, and household services valuations are all part of the calculation.
Can a wrongful death case settle before trial?
Yes. The vast majority settle. Settlements require court approval in cases involving minor children survivors.
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