Who can file a wrongful death lawsuit?

It depends on the state. Most states allow the personal representative of the estate to file on behalf of statutory beneficiaries, typically the surviving spouse, children, and dependent parents. A minority of states list eligible filers in priority order. The recovery flows to the beneficiaries, not to whoever filed.

What damages are recoverable in a wrongful death case?

Two categories. Survival damages compensate the decedent's estate for pain, suffering, and lost wages before death. Wrongful death damages compensate the beneficiaries for lost financial support, lost services, lost companionship, and funeral expenses. Some states cap non-economic damages; a minority allow punitive damages.

How long do I have to file a wrongful death claim?

Most states impose a 2-year statute of limitations measured from the date of death (not the date of injury). A few are shorter (Louisiana at 1 year). Government-defendant cases often require a notice of claim within 6 months. The deadline is absolute — miss it and the claim is extinguished.

Pillar

Wrongful death claims: two damages categories, one absolute deadline.

A wrongful death claim is a creature of statute — every element, including who can file, what is recoverable, and how long you have, depends on state law. Survival and wrongful death damages run in parallel.

Settlement ranges by severity

Reported ranges drawn from public claim aggregates. Not predictions, your case depends on facts, state law, and applicable policy limits.

Case type	Severity	Low	Typical range	High	Notes
Wrongful death	Adult earner	$250K	$750K, $3M	$10M	Lost income, services, and survivor damages vary by state law.

Sources: Nolo: How Much Can I Get for My Personal Injury Case; Insurance Information Institute: Auto Insurance Facts & Statistics; Bureau of Justice Statistics: Civil Bench and Jury Trials in State Courts. Ranges reflect publicly reported aggregates and are not predictions for any individual case.

Average wrongful death settlement by state

Damages caps, statutes, and procedural rules move wrongful death value more than any other factor. Deep-dive state guides:

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Every wrongful death claims guide on this site

Who can file a wrongful death claim?

Personal representatives vs statutory beneficiaries, by state, and the distribution rules.

Damages recoverable in wrongful death

Survival vs wrongful death damages, state caps, and the funeral-expenses rule.

Wrongful death statute of limitations

Deadlines by state, notice-of-claim rules for government defendants, and the discovery rule.

What to do after a wrongful death

Probate, preservation of evidence, and the order of operations.

State-specific rules

Wrongful death claims rules vary by state. Filing deadlines, shared-fault treatment, and damages caps all change the value of a wrongful death claims claim. Pick your state to see what applies.

See personal injury rules in all 50 states →

Frequently asked questions

Sources

[1]Vital Statistics — Mortality Data — U.S. Centers for Disease Control and Prevention
[2]Wrongful Death Acts — state survey — Cornell Legal Information Institute
[3]Survivors' and Dependents' Benefits — U.S. Social Security Administration

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