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wrongful death claim is the same as any other personal injury claim, except that the injury results in death. A claim can be made for death caused by the fault of another person or organization, be it another driver, a doctor, hospital, manufacturer, or any number of others, just the same as a claim can be made against these people for injuries which don’t result in death.
State laws vary as to what can be recovered in a wrongful death case and as to who can recover. Some states allow recovery of the decedent’s lost income even if no one depended on the decedent for financial support.
Other states require at least partial dependency in order to claim income loss. Similarly, some states allow recovery for non-economic things like grief, sorrow, and the loss of the decedent’s love and companionship;
while other states restrict recovery to economic loss only. States which limit recovery to economic loss usually also limit those who can share in a wrongful death settlement or verdict to those who can prove a
financial loss as a result of the decedent’s death. The time limit or statute of limitations for making a claim for wrongful death is sometimes different than it is for a claim not involving death. Evaluation of the
merits and value of a wrongful death claim begins with determining which state’s law will apply. In some instances federal law is controlling, such as claims involving veterans hospitals, federal vehicles, and some
railroad and waterway cases. Because the value of a wrongful death case is so closely tied to the applicable law, it is difficult and risky for a person to try to settle a death claim without the assistance from a
lawyer.
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