Typically the deceased person's spouse, children, or parents. Some states also allow other dependents to file.
Lost future earnings, funeral costs, loss of consortium, pain and suffering of the deceased before death, and in some cases punitive damages.
Most cases settle in 1–3 years. Complex cases involving large corporations or disputed liability can take longer.
Typically 2 years from the date of death, but varies by state. Some states allow up to 3 years.
Some states cap non-economic damages. States like Maryland cap non-economic damages in wrongful death cases. Consult an attorney for your state.
Courts typically use the deceased's actual income, expected work-life remaining, and discount it to present value using actuarial tables.
Loss of consortium compensates surviving family members for the loss of companionship, love, and support they received from the deceased.
Yes. The court may apportion damages among eligible survivors based on their relationship to and dependency on the deceased.
Under comparative negligence rules, the settlement may be reduced proportionally by the deceased's share of fault.
Strongly recommended. Wrongful death cases are complex, and attorneys work on contingency — no upfront cost to you.