YOU LOSTSOMEONE.THE LAWOWES YOUANSWERS.
A wrongful death guide written by trial attorneys — not marketers.
Free. No spam. No attorney-client relationship is formed until you speak with counsel.
What to Do After a Wrongful Death
A legal roadmap for families — written plainly, without jargon. Covers the first 72 hours, how statutes of limitations work in every state, what insurance adjusters will and won't tell you, and how to preserve evidence before it disappears.
- What qualifies as wrongful death under state law
- The statute of limitations clock — and how to stop it
- How to document a scene before evidence is lost
- What adjusters say vs. what they mean
- How damages are calculated — and who receives them
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What counts as wrongful death in my state?
Wrongful death occurs when someone dies because of another party's negligence, recklessness, or intentional act. The classic categories include motor vehicle crashes caused by distracted or impaired drivers, medical malpractice where a provider's departure from the standard of care caused a fatal outcome, workplace accidents involving unsafe conditions or inadequate safety protocols, and nursing home negligence — falls, medication errors, or untreated pressure wounds that turn fatal.
Every state has its own wrongful death statute. Most require that the deceased could have brought a personal injury claim had they survived. See state-by-state statute comparison →
"If a reckless act would have given your family member the right to sue for injuries, their death almost certainly gives you the right to sue for wrongful death."
How long do I have to file a wrongful death claim?
The statute of limitations is the legal deadline to file suit. Miss it and the claim is almost always extinguished — permanently. Most states set the window at two years from the date of death, but there are critical exceptions:
- Claims against government entities (cities, counties, state agencies) often require a formal notice within 90–180 days.
- Some states use the date the negligence was discovered, not the date of death — relevant in delayed-diagnosis medical cases.
- Claims for minors may be tolled (paused) until the child reaches adulthood.
- Certain toxic exposure cases have longer discovery windows.
California CCP § 335.1 sets a two-year limit. Texas Civ. Prac. & Rem. Code § 71.002 mirrors this. Do not assume you have time. Consult an attorney before any deadline passes.
Can I still sue if my loved one was partially at fault?
Yes — in most states. The doctrine of comparative negligence allows a wrongful death claim even when the deceased shared some responsibility. There are two main systems:
Pure Comparative Fault
Your recovery is reduced by your loved one's percentage of fault. If they were 30% at fault and damages are $1 million, you recover $700,000. Used in California, New York, Florida, and others.
Modified Comparative Fault
Recovery is barred only if your loved one was 50% or 51% or more at fault (varies by state). Below that threshold, the same proportional reduction applies. Used in Texas, Illinois, and most other states.
Only Alabama, Maryland, North Carolina, Virginia, and D.C. still use pure contributory negligence — where any fault by the deceased can bar recovery entirely. Know which rule applies in your state →
What evidence should I preserve right now?
Evidence disappears faster than most families realize. Truck black-box data is often overwritten within 30 days. Security footage is routinely deleted on 7- or 14-day loops. Medical records can be altered or supplemented after the fact. The moment you suspect wrongful death, begin preserving:
- Photographs & video: Scene, vehicle damage, equipment, signage, lighting conditions. Timestamp everything.
- Electronic data: Cell phone records, GPS data, truck ECM/black box, workplace safety logs. An attorney can send preservation letters immediately.
- Medical records: Request complete records — not just the discharge summary. Include nursing notes, medication administration records, and all imaging.
- Witness information: Names, phone numbers, and written statements before memories fade and people become unavailable.
- Financial records: Pay stubs, tax returns, retirement account statements — these establish economic damages.
An attorney can send a litigation hold letter to the defendant within hours of retention, legally requiring them to preserve all relevant evidence.
What will the insurance adjuster do — and what shouldn't I say?
Insurance adjusters are trained negotiators employed by the defendant's insurer. Their job is to resolve your claim for as little money as possible — preferably before you retain counsel. Common tactics:
The Quick Settlement Offer
A fast offer — sometimes within days of a death — is almost never adequate. It is designed to close your claim before you understand its full value.
The Recorded Statement Request
"We just need a brief recorded statement for our files." You are not required to give one. Anything you say can be used to limit your recovery.
Sympathy and Delay
Adjusters may seem genuinely kind and responsive — then become unreachable as the statute of limitations approaches.
Medical Authorization Forms
Broad authorizations allow them to search your loved one's entire medical history for pre-existing conditions to argue reduced liability.
Do not sign anything, give any statement, or accept any payment before speaking with an attorney. The cost of that call is nothing. The cost of signing too early can be everything.
What damages can a wrongful death claim recover?
Wrongful death damages fall into two broad categories. Economic damages are calculated with relative precision; non-economic damages require experienced advocacy to present fairly.
Economic Damages
- Lost income and benefits the deceased would have earned over their lifetime
- Medical expenses incurred between the injury and death
- Funeral and burial costs
- Loss of household services (childcare, home maintenance)
- Loss of financial support and inheritance
Non-Economic Damages
- Loss of companionship, comfort, and consortium
- Mental anguish and grief of surviving family members
- Loss of parental guidance for minor children
- Pain and suffering endured by the deceased before death
Some states cap non-economic damages in medical malpractice cases. See your state's cap rules → Punitive damages may be available when the defendant's conduct was especially reckless or intentional.
What families wish they'd known sooner
"I found this page at 3 in the morning, two weeks after my husband died. I read every question. By the time I called, I understood what I was facing. They told me nothing I hadn't already learned here — which made me trust them completely."
R. Torres
Truck accident on I-10, Texas
"My mother's nursing home told us the fall was "unavoidable." The guide explained exactly what documentation to request. We had evidence they didn't know we had. The case settled in fourteen months."
D. Okafor
Nursing home negligence, Illinois
"The insurance company called us within 48 hours of my son's death with a settlement offer. I almost signed. This page explained exactly why that offer was designed to close the door. We went to trial. We won."
M. Castellano
Construction site collapse, New York
Names abbreviated and details generalized to protect client privacy. Results depend on individual circumstances and are not a guarantee of outcome.
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