We understand that no amount of money can replace your loved one. But holding the responsible party accountable — and securing the financial support your family needs — is a right you deserve to exercise. We're here to help you understand your options with compassion and clarity.
Connect With a Wrongful Death AttorneyWrongful death laws vary by state. Generally, the following family members have the right to file — but the rules around priority and distribution differ significantly.
In virtually all states, the surviving spouse has the primary right to file a wrongful death claim.
Minor and adult children of the deceased typically have standing to file, either independently or through the estate.
Parents may file if the deceased had no surviving spouse or children, or in some states alongside them.
Siblings may have standing in some states if there are no surviving spouse, children, or parents.
In many states, the personal representative of the estate files the claim on behalf of all beneficiaries.
Important: Wrongful death laws are highly state-specific. Who can file, what damages are available, and how settlements are distributed among family members varies significantly by state. An attorney licensed in the state where the accident occurred is essential.
Wrongful death settlements can be substantial. The following categories of damages may be available to your family.
All reasonable funeral, burial, and cremation costs are recoverable as economic damages.
The present value of all future income the deceased would have earned and contributed to the family over their expected working life.
Compensation for the loss of love, affection, guidance, and companionship — particularly for surviving spouses and children.
Minor children may recover for the loss of parental care, guidance, and nurturing they would have received.
If the deceased survived the accident for any period of time before passing, their pain and suffering during that period is recoverable.
All medical bills incurred from the time of the accident until the time of death are recoverable as economic damages.
The value of household services the deceased would have provided — cooking, cleaning, childcare, home maintenance — is recoverable.
Many states allow surviving family members to recover for their own grief, mental anguish, and emotional distress.
Wrongful death settlement proceeds are distributed among eligible family members according to state law. In most states, the distribution follows one of two approaches:
Intestate Succession
Many states distribute wrongful death proceeds the same way they would distribute an estate without a will — typically to the spouse and children first, then parents.
Proportional Loss
Some states allow each eligible family member to recover based on their individual loss — meaning a spouse and children may each receive different amounts based on their relationship with the deceased.
Court Approval
In most states, the distribution of wrongful death proceeds must be approved by a court, particularly when minor children are involved.
The statute of limitations for wrongful death claims is typically the same as personal injury claims in most states — 2 to 3 years from the date of death. However, there are critical exceptions:
Government Vehicles
If a government vehicle was involved, you may have as little as 6 months to file a government tort claim. Missing this deadline can permanently bar your claim.
Discovery Rule
In some cases, the clock starts when the family discovers — or should have discovered — that the death was caused by negligence.
Minor Beneficiaries
When minor children are beneficiaries, some states toll the statute of limitations until the child reaches 18.
This form connects you directly with an attorney who specializes in wrongful death cases. Your information is completely confidential. There is no obligation and no cost for the initial consultation.