What Happens If a Loved One Dies From Someone Else's Negligence?

We are sorry for your loss. If someone else's carelessness or wrongdoing caused a death, the law may let the family seek compensation. This guide explains the basics in plain language, before the details that depend on your state.

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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

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:

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.

Frequently asked questions

What is a wrongful death claim?

A civil cause of action brought by family members and dependents against people who knowingly or negligently cause a death. It lets surviving family or beneficiaries seek compensation for the losses the death caused.

Who can bring a wrongful death claim?

State law decides. Texas allows the surviving spouse, children and parents to bring it, and lets the executor bring it if they do not. In Florida the personal representative brings it for the survivors and the estate.

What can a wrongful death claim recover?

The Legal Information Institute says damages can compensate for lost financial support and suffering, and may also cover funeral expenses and the pain and emotional harm the person suffered before dying. In some states punitive damages may be awarded.

How long do we have to file?

It varies by state. In Texas, suit must be brought within two years after the death. Florida places an action for wrongful death in its two-year category. Check your state's deadline early.

Does a criminal case stop a wrongful death claim?

No. A wrongful death action can be pursued against a person who also faces criminal charges for the same event, and the person may be found liable even if not found guilty, because the burden of proof in civil court is lower.

Sources and official references

Facts on this page are tied to the official sources above. See our methodology for how we verify them, and confirm anything that affects your case with the court or a licensed attorney.

This guide provides general information only and is not legal, tax, or financial advice. Personal injury law is set by each state and changes over time. Confirm how it applies to your situation with a licensed attorney before acting.