Wrongful Death guides

A wrongful death claim lets a family seek compensation when someone dies because of another person's negligence or wrongdoing. The first question is who is allowed to bring it. In many states only the personal representative of the estate can file, and any recovery then goes to specific relatives, such as a spouse, children or parents. Other states let certain family members sue directly, and the order of who can recover differs.

The guide in this category explains who can file, what families can recover and how a wrongful death claim differs from the claim the person could have brought if they had survived. Recoverable losses usually include funeral costs and the financial support the person would have provided, and some states also allow damages for loss of companionship. A few states cap certain damages. The filing deadline often runs from the date of death, and it can be shorter than you expect. Check your state's page for its deadline and fault rule, then read your state's wrongful death statute before you decide how to proceed.