Quick answer: A wrongful death claim is a civil case brought on behalf of the family when someone's negligence or wrongdoing causes a death. State law decides who can file, who benefits and what can be recovered: usually spouses and children, and sometimes parents or other dependents. There is also a filing deadline that varies by state; Texas and Florida, for example, use two years.
On this page:
- What a wrongful death claim is
- How it relates to a criminal case
- Who can file
- What the family can recover
- The filing deadline
- First steps
- Next steps
What a wrongful death claim is
The Legal Information Institute describes wrongful death as a civil cause of action brought by family members and dependents against people who knowingly or negligently cause someone's death. It allows the surviving family members or beneficiaries to seek compensation for the losses and damages that result from the death. Each state governs it by its own statute. Texas, for example, allows an action for damages when an injury that causes a death was caused by a person's wrongful act, neglect, carelessness, unskillfulness or default.
How it relates to a criminal case
A wrongful death claim is separate from any criminal case. According to the Institute, it can be pursued against a person who also faces criminal charges for the same event, and even if that person is not found guilty of a crime, they may still be found liable because the burden of proof in civil court is lower.
Who can file
The rules differ by state, and the right to file is usually tied to the family relationship. The Institute says these actions typically benefit children and spouses, and sometimes extend to parents, siblings and other dependents. Two examples:
- Texas. The action is for the exclusive benefit of the surviving spouse, children and parents, and any of them may bring it for the benefit of all. If none has begun the action within three calendar months of the death, the executor or administrator must bring it unless all of them ask not to.
- Florida. The action is brought by the decedent's personal representative, who recovers for the benefit of the survivors and the estate. Florida defines survivors as the decedent's spouse, children and parents and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters.
Where a personal representative must bring the claim, one has to be appointed for the estate; see what probate is and how it works.
What the family can recover
The Institute explains that damages in wrongful death cases compensate for the lost financial support and the suffering caused by the death, with juries considering factors such as the deceased person's income before death, expected future income and how much family members depended on them. Compensation may also cover funeral expenses and the pain and emotional harm the person suffered before dying, and in some states punitive damages may be awarded if the death was caused by intentional or reckless acts. State statutes can limit the damages, and the Wrongful Death Damages Calculator shows who can file and what caps apply in your state. The general categories are explained in what damages you can recover.
The filing deadline
Wrongful death claims have a filing deadline, and it can be short. In Texas, a person must bring suit not later than two years after the day the cause of action accrues, which is the death of the injured person. Florida lists an action for wrongful death among actions that must be brought within two years. Other states differ, so check yours with the Statute of Limitations Calculator.
First steps
- Take the time you need, but keep the deadline in mind. Look up your state's filing period early.
- Keep records. Medical records, bills, funeral costs, income records and any reports about what happened.
- Talk to an attorney. These claims are legally complex and the rules about who may file vary; see whether you need a lawyer and how contingency fees work.
Next steps
The personal injury calculators cover every state, and our methodology page explains how each figure is verified. For advice on your own situation, talk to a licensed attorney in your state.