National Legal Information Resource · Not a law firm
Wrongful Death Law: Know Your Rights, Deadlines, and Next Steps
BereavedRights.com explains who can file a wrongful death claim, what the law requires to prove fault, and how statutes of limitations work in every U.S. state. If someone died because of another party's negligence or wrongful act, start here to understand your legal options.
This is an informational resource, not a law firm. Only a licensed attorney can provide legal advice about your specific situation.
If this sounds familiar, you are in the right place:
- You believe someone’s conduct or decisions contributed to a loved one’s death.
- You are unsure whether this is legally a wrongful death case or another type of claim.
- You keep seeing terms like “statute of limitations,” “personal representative,” or “survival action” and want them defined clearly.
- You need to know whether waiting could affect your family’s options.
Everything You Need to Know About Wrongful Death and Fatal Accident Law
Wrongful death claims arise when negligence, recklessness, or intentional harm causes someone's death. These cases involve complex legal standards, strict filing deadlines, and state-specific rules about who can sue and what damages are recoverable. BereavedRights.com organizes this information so you can make informed decisions about consulting an attorney.
What makes a death “wrongful” under the law
Courts require proof that another party's negligence or wrongful conduct directly caused the death. Learn the four elements attorneys evaluate: duty of care, breach, causation, and damages.
Standing to sue: eligibility rules by state
State laws determine whether a spouse, child, parent, estate representative, or other party can bring a wrongful death lawsuit. Some states restrict claims to court-appointed personal representatives; others allow direct family action.
Time limits for filing wrongful death lawsuits
Every state imposes a statute of limitations—typically one to three years from the date of death. Special rules apply for government defendants, medical malpractice, and minors. Missing these deadlines can permanently bar your claim.
What compensation may be available
Wrongful death statutes specify recoverable damages, which may include funeral costs, lost financial support, medical expenses before death, and loss of companionship. Some states cap damages or exclude certain categories.
Choose your path: three ways to explore wrongful death law
Whether you need a comprehensive overview, state-specific details, or context about a particular type of accident, we've organized the information to match how you're thinking about your situation.
Wrongful death law fundamentals
Understand the legal framework: what qualifies as wrongful death, how it differs from criminal cases and survival actions, and the typical stages of a claim from investigation through settlement or trial.
Read the complete guide →State-by-state wrongful death rules
Every state has unique statutes governing wrongful death claims. Select your state to see who can file, applicable time limits, damage caps, and procedural requirements.
Browse all 50 states + D.C. →Wrongful death by scenario
Learn how wrongful death law applies in specific contexts: motor vehicle accidents, medical malpractice, workplace fatalities, premises liability, defective products, and violent acts.
Explore by situation →Statutes of limitations: why you can’t afford to wait
Wrongful death claims are subject to strict filing deadlines called statutes of limitations. In most states, you have between one and three years from the date of death to file a lawsuit. Some circumstances trigger even shorter deadlines:
- Claims against government entities: Often require notice within 60–180 days and shorter lawsuit deadlines.
- Medical malpractice cases: May have separate, shorter time limits.
- Discovery rule exceptions: In rare cases, the clock starts when the cause of death is discovered, not when death occurred.
- Tolling for minors: Some states pause the statute of limitations if the plaintiff is a minor.
Missing a deadline can permanently eliminate your right to pursue compensation, regardless of the strength of your case. This is why consulting an attorney early is critical—not to rush into litigation, but to preserve your legal options.
How to prepare for an attorney consultation
Attorneys evaluating wrongful death cases typically ask about:
1. The circumstances of death
Date, location, and sequence of events leading to death.
2. Potential defendants
Individuals, companies, or entities whose actions may have contributed.
3. Available documentation
Death certificate, medical records, police reports, accident reports, employment records, insurance policies.
4. Your relationship to the deceased
Spouse, child, parent, sibling, or estate representative status.
5. Financial impact
Medical bills, funeral costs, lost income, and ongoing financial needs.
6. Timing
Date of death and any relevant deadlines or statute of limitations concerns.
Most wrongful death attorneys offer free initial consultations and work on a contingency fee basis, meaning they only get paid if they recover compensation for you.
Frequently asked questions families ask about wrongful death claims
What is the difference between a wrongful death claim and a criminal prosecution? +
A wrongful death claim is a civil lawsuit brought by the deceased person's family or estate to recover financial compensation for losses caused by the death. Criminal prosecutions are brought by the government to punish wrongful conduct and do not provide monetary recovery to the family. The same incident can result in both a criminal case and a civil wrongful death claim, and the outcomes are independent—an acquittal in criminal court does not prevent a wrongful death lawsuit, and vice versa.
Who can file a wrongful death lawsuit? +
This depends entirely on state law. Most states require the personal representative of the deceased person's estate to file the claim, with any recovery distributed to statutory beneficiaries. Other states allow certain family members—typically spouses, children, or parents—to file directly. A few states permit more distant relatives or financial dependents to bring claims if no closer relatives exist. An attorney licensed in your state can determine who has standing in your situation.
How long do I have to file a wrongful death claim? +
Statutes of limitations vary by state, but most range from one to three years from the date of death. Some states impose shorter deadlines for claims against government entities or in medical malpractice cases. A few jurisdictions apply a discovery rule that starts the clock when the cause of death is reasonably discovered. Because missing the deadline permanently bars your claim, consult an attorney as soon as possible to understand the specific time limits that apply to your case.
What damages can be recovered in a wrongful death case? +
Recoverable damages vary significantly by state but generally include funeral and burial expenses, medical costs incurred before death, lost financial support the deceased would have provided, loss of services and companionship, and sometimes pain and suffering. Some states cap certain categories of damages or distinguish between economic and non-economic losses. Punitive damages may be available in cases involving gross negligence or intentional conduct. Your state's wrongful death statute determines what damages are legally recoverable.
Does filing a wrongful death claim mean going to trial? +
No. Most wrongful death cases settle before trial through negotiation with the defendant or their insurance company. Settlement allows families to resolve the case more quickly and avoid the uncertainty and stress of a trial. However, if a fair settlement cannot be reached, your attorney may recommend proceeding to trial. An experienced wrongful death lawyer will evaluate your case and advise you on the best strategy for achieving a just outcome.
Can I afford a wrongful death attorney? +
Most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if they recover compensation for you. The attorney's fee is typically a percentage of the settlement or judgment (commonly 25–40%, depending on the stage of the case). You pay nothing upfront, and if the attorney does not win your case, you owe no attorney's fees. Many lawyers offer free initial consultations to evaluate your case and explain their fee structure.
Not sure where to start?
Many families come here feeling overwhelmed, unsure if what happened is legally a “wrongful death,” and worried about waiting too long. Our short guide walks you through the main questions lawyers ask, in plain English.
It’s not legal advice and doesn’t create an attorney–client relationship, but it can help you feel more prepared for a free consultation with a licensed lawyer in your state.
The legal help guide covers:
- How lawyers think about fault and causation after a fatal incident.
- Who is typically allowed to file claims in different states.
- Why timing matters and what “statute of limitations” means.
- What information to gather before you talk with a lawyer.
Takes about 5–10 minutes. You can stop at any time and come back later.