Personal Injury · Legal Guide

Wrongful Death Claims: What Surviving Families Need to Know

Losing a loved one due to someone else's negligence is devastating. A wrongful death claim can provide financial relief and a measure of justice during the most difficult time of your life.

M
Michael H. Lawson
Trial Attorney & Legal Writer
June 6, 2026 · 1 min read
Wrongful Death Claims: What Surviving Families Need to Know

When a person dies as the result of another party's negligence or misconduct, surviving family members may be entitled to file a wrongful death lawsuit. These cases allow families to recover financial compensation — and to hold responsible parties accountable.

Who Can File a Wrongful Death Claim?

State laws vary, but typically the following individuals can file a wrongful death suit:

  • Surviving spouses
  • Children (biological and adopted)
  • Parents of unmarried deceased
  • Life partners and financial dependents (in some states)

Common Causes of Wrongful Death Cases

  • Car, truck, or motorcycle accidents caused by a negligent driver
  • Workplace accidents and occupational hazards
  • Medical malpractice resulting in fatal errors
  • Defective products or dangerous drugs
  • Criminal acts such as assault or homicide

What Damages Can Families Recover?

A wrongful death settlement can compensate surviving family members for:

  • Funeral and burial expenses
  • Lost income and financial support the deceased would have provided
  • Loss of companionship, guidance, and parental support
  • Medical bills incurred prior to death
  • Pain and suffering experienced by the deceased before passing

The Statute of Limitations

Most states require wrongful death lawsuits to be filed within two years of the date of death. Acting promptly is critical — evidence disappears and witness memories fade.

No amount of money can replace a loved one. But a wrongful death settlement can secure your family's future and ensure that justice is served.
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