Bereaved Rights

Informational only · Not a law firm

Wrongful death questions, answered in plain English.

When someone you love has died and other people’s decisions may have played a role, it’s normal to have a hundred questions and almost no energy to chase down legal jargon. This page is meant to bridge that gap a little.

The answers here are written for real people, not for lawyers. They will not tell you whether you “have a case” or what your claim might be worth. Instead, they explain how things commonly work, what certain terms mean, and what kinds of questions to bring to a licensed attorney in your state.

Nothing on this page is legal advice. Bereaved Rights is a national information resource, not a law firm. Only a lawyer licensed in your state can give you legal advice about your situation.

How to use this FAQ without getting overwhelmed

You do not need to read every answer. Start with the questions that are already living in your head—things like “How long do I have?”, “Who can bring a claim?”, or “What if my loved one made mistakes too?”.

If a question is too much right now, it’s okay to skip it. Many families come back to this kind of information in small pieces as they have the emotional bandwidth.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation. Treat these answers as a starting point for a conversation with a lawyer, not the final word.

What is a wrongful death claim? +
In most states, a wrongful death claim is a civil case brought when someone dies because another person, company, or entity was careless, reckless, or broke a safety rule. If the person had survived, they might have had a personal injury claim; because they died, certain family members or representatives are allowed to bring the claim instead.
How is a wrongful death case different from a criminal case? +
A criminal case is brought by the government and focuses on punishment, such as jail time or fines paid to the state. A wrongful death case is a civil claim brought by eligible family members or representatives and focuses on accountability and financial compensation for the harm caused. There can be a civil wrongful death case even if no criminal charges are filed, and a criminal case does not automatically mean a civil case will succeed.
Who is allowed to file a wrongful death claim? +
Each state has its own rules, but they usually limit who can file to certain close family members, a personal representative of the estate, or both. Some states require a court-appointed trustee or representative to bring the claim. A lawyer licensed in your state can explain exactly who is allowed to file and how any recovery would be shared.
What kinds of losses can a wrongful death claim cover? +
Depending on the state, a wrongful death case may seek compensation for lost income or benefits, medical bills related to the final injury or illness, funeral and burial expenses, and the loss of companionship, guidance, and support. Some states also allow additional damages meant to punish especially reckless or intentional conduct. The exact categories and limits vary from state to state.
Is there a deadline for filing a wrongful death claim? +
Yes. Every state has statutes of limitations—deadlines that limit how long you have to bring a wrongful death claim. Some states have additional notice requirements when a government agency or employer is involved. Missing these deadlines can permanently close off legal options, even if the underlying claim is strong. A local lawyer can tell you which deadlines apply to your situation.
Do I have to decide right now whether to sue? +
No website can tell you if you should file a lawsuit. Many families start with a conversation about options and timing rather than a firm decision to sue. Knowing roughly how long you have and what the process might look like can make it easier to decide what, if anything, you want to do next. A brief consultation with a lawyer in your state can be focused on understanding your choices, not on committing to a specific path.

When these answers raise more questions than they solve

It’s common to read one answer and realize you now have three more questions. That doesn’t mean you’re doing this wrong; it usually just means your situation has details that no general FAQ can see.

If you feel that happening, it may be time to talk with a lawyer in your state—even if you are not sure you want to take formal legal action. An initial conversation can be about understanding your options and your time limits, not about committing to a lawsuit.

Read the legal help guide Check wrongful death rules in your state Learn wrongful death basics

This site cannot represent you or give you legal advice. If you believe another person, company, or agency may have contributed to your loved one’s death, consider speaking with a licensed attorney in your state as soon as you reasonably can.