All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
Who can file a wrongful death claim?
The rights of plaintiffs to pursue wrongful death claims, including the proper parties to bring a claim, are subject to the applicable law of a particular state, and the types of damages recovered can significantly vary from state-to-state as well.
For example, the types of damages or combination of damages some states allow for wrongful death claimants include the full economic and non-economic value of the life of the victim, loss of companionship, value of support and services, and/or punitive damages, to name a few.
Often, families are also entitled to burial and funeral expenses, medical expenses incurred, and pain and suffering endured by the deceased victim.
However, even the proper party to bring such a claim (or multiple claims), as well as whether the claims are pursued by an Estate, individual, or both can vary depending on the laws of the state where the accident occurred.
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