A wrongful death claim lets certain family members or the estate recover damages when a death was caused by someone else’s negligence or wrongful act: such as a crash, a medical error or an unsafe property. Who may file, and what can be recovered, depends on state law.
What can be recovered
Depending on the state: funeral and burial costs, medical bills, lost financial support, loss of companionship and guidance, and sometimes the deceased person’s own pain and suffering (through a related “survival” claim).
How the process works
A lawyer investigates the death, identifies all responsible parties and insurers, and negotiates or files suit. Many cases settle without trial.
Taking care of the estate
You may also need to open an estate through probate so someone has legal authority to act.
Frequently asked questions
Who can file a wrongful death lawsuit?
It depends on state law. Often it’s the personal representative of the estate on behalf of the spouse, children or parents.
Questions from readers
Question about Wrongful death? Ask it here. We answer common questions in general terms on this page. This is not legal advice, and we can’t take your case.
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