General legal information for the United States, not legal advice. Read the disclaimer

Understanding wrongful death claims

Estate and probate

Frequently asked questions

Who can file a wrongful death claim?

Usually the estate's personal representative on behalf of family members, with rules varying by state.

How long do we have to file?

Often two years from the date of death, but it varies.

Can we sue if the driver was not charged?

Yes. Civil claims are separate from criminal charges.

What compensation is available?

Funeral costs, lost income and support, loss of companionship and sometimes punitive damages.

Do we need a lawyer?

Wrongful death cases are complex, so most families consult a lawyer, often on contingency.