Frequently Asked Questions

Who can file a wrongful death lawsuit?

Typically the deceased person's spouse, children, or parents. Some states also allow other dependents to file.

What damages are recoverable in a wrongful death case?

Lost future earnings, funeral costs, loss of consortium, pain and suffering of the deceased before death, and in some cases punitive damages.

How long does a wrongful death case take?

Most cases settle in 1–3 years. Complex cases involving large corporations or disputed liability can take longer.

What is the statute of limitations for wrongful death?

Typically 2 years from the date of death, but varies by state. Some states allow up to 3 years.

Does my state cap wrongful death damages?

Some states cap non-economic damages. States like Maryland cap non-economic damages in wrongful death cases. Consult an attorney for your state.

How is lost income calculated?

Courts typically use the deceased's actual income, expected work-life remaining, and discount it to present value using actuarial tables.

What is loss of consortium?

Loss of consortium compensates surviving family members for the loss of companionship, love, and support they received from the deceased.

Can multiple family members share a settlement?

Yes. The court may apportion damages among eligible survivors based on their relationship to and dependency on the deceased.

What if the deceased was partially at fault?

Under comparative negligence rules, the settlement may be reduced proportionally by the deceased's share of fault.

Do I need a wrongful death attorney?

Strongly recommended. Wrongful death cases are complex, and attorneys work on contingency — no upfront cost to you.

⚠️ Disclaimer: For informational purposes only. Not legal advice.