Wrongful Death

When a car accident results in a death caused by another party's negligence, surviving family members may have the right to pursue a wrongful death claim. This is a distinct type of legal action from a typical injury claim, built around the losses suffered by the people left behind rather than the injuries of the person who died.

What a Wrongful Death Claim Covers

A wrongful death claim allows certain surviving family members, or a representative of the deceased's estate, to seek compensation when a death results from another person's negligent or wrongful conduct, such as a driver who was speeding, distracted, or impaired. State wrongful death statutes generally define who is legally allowed to bring the claim and what categories of damages can be recovered, and these rules vary from state to state.

These claims exist separately from any criminal proceedings that might arise from the same crash. A criminal case addresses whether the at-fault driver broke the law, while a wrongful death claim is a civil action focused on compensating the family for their losses. The two can proceed independently of each other.

Deadlines and Getting Started

Like other personal injury matters, wrongful death claims are subject to a statute of limitations, a strict deadline for filing that varies by state. Missing this deadline generally forecloses the ability to recover compensation, regardless of how clear the fault may be. Because evidence such as police reports, witness accounts, and accident reconstruction data can become harder to gather as time passes, families are generally encouraged not to delay in exploring their legal options.

What to Do Next

Speak with someone who can explain your state's wrongful death rules and deadlines as soon as possible after the loss.

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