Wrongful Death Claims
A wrongful death claim arises when a person dies because of another party's negligence or wrongdoing — for example, a fatal car crash, a workplace accident, or a fatal medical error. These claims are brought by survivors or an estate representative rather than the person who was harmed.
Common Causes
- Fatal vehicle, truck, or motorcycle collisions
- Fatal workplace incidents
- Medical errors resulting in death
- Defective products
- Fatal falls or premises hazards
Who May Be Held Liable
Liability generally mirrors the underlying type of incident — a negligent driver, an employer, a property owner, a healthcare provider, or a product manufacturer, depending on what caused the death.
Evidence That Often Matters
- Records establishing the cause of death
- Evidence of the underlying negligent act (as with any injury claim)
- Documentation of the deceased's income and financial contributions to dependents
- Records of funeral and burial costs
What Compensation May Cover
Wrongful death compensation can include funeral and burial expenses, the deceased's medical bills before death, lost financial support and benefits, and loss of companionship, depending on what a state's wrongful death statute allows.
Compensation in a personal injury case is typically grouped into economic damages (medical bills, lost wages, future care) and non-economic damages (pain and suffering). Some states cap certain categories of damages, and rules on shared fault can reduce an award if you were partly responsible. An attorney licensed in your state can explain how these rules apply to your situation.
Time Limits to Be Aware Of
Every state sets its own statute of limitations for personal injury claims, generally ranging from one to several years from the date of the injury, with important exceptions (such as claims against a government agency, which often require a notice filed within months). Missing a deadline can permanently bar a claim, so it's worth confirming the applicable deadline early.
Also Worth Knowing
State law strictly defines who may file a wrongful death claim — often a spouse, child, or parent, or an estate representative on their behalf — and the filing window is frequently shorter than in a typical injury case.