Wrongful Death Lawsuits: 50-State Survey

A fatal accident or homicide may cause devastating harm to family members of the victim. In a wrongful death lawsuit, they can pursue damages from a person or entity that was at fault. These damages may range from loss of financial support to intangible harm, such as the loss of the victim’s companionship and care. Punitive damages may be available in addition to compensatory damages. Generally, if a defendant would have been liable to the victim if they had survived, they will be liable for wrongful death.

The process of filing a wrongful death claim varies among states. Each state imposes its own statute of limitations for these cases, which defines the time period in which the action may be filed. Sometimes the wrongful death statute of limitations varies depending on the cause of the death. In addition, state laws define the people who can bring the lawsuit. Certain family members may be able to file a wrongful death action, potentially in a specific order of priority, but often the personal representative of the victim’s estate must take this step. Some states give courts significant discretion in defining damages that may be awarded, while other states specify the types of damages that are available.

Wrongful death laws contain many nuances that cannot be concisely summarized. Anyone considering legal action after the loss of a loved one should consult a personal injury lawyer to make sure that they fully protect their rights. However, the overview below describes key issues related to these actions in each state, such as who can file the lawsuit, the applicable statute of limitations, and potential damages. Each entry also provides the main wrongful death law in that state for further reference.

Alabama

An Alabama wrongful death case may be filed for a wrongful act, omission, or negligence that caused a person’s death when they could have commenced an action for the wrongful act, omission, or negligence if it had not caused death. The action must be filed in a county where the deceased person could have brought an action if they had not died. Damages are not subject to the payment of debts or liabilities of the deceased person. Only punitive damages are available in wrongful death actions.

Alaska

An Alaska wrongful death case may be brought when a death is caused by the wrongful act or omission of someone else, and the deceased person could have maintained an action had they lived against the defendant for an injury done by the same act or omission. In determining the amount of an award, a judge or jury must consider factors such as the deprivation of the expectation of pecuniary benefits to the beneficiaries that would have resulted from the continued life of the deceased person, as well as loss of contributions for support, loss of assistance or services, loss of consortium, loss of prospective training and education, and medical and funeral expenses.

Arizona

An Arizona wrongful death case may be brought when a death is caused by a wrongful act, neglect, or default, and the act, neglect, or default would have entitled the victim to maintain an action to recover damages if death had not ensued. A jury must provide for such damages as it deems fair and just with reference to the injury resulting from the death to the surviving people who are entitled to recover, while considering any mitigating or aggravating circumstances related to the wrongful act, neglect, or default. Unless the action is brought on behalf of the estate, damages are not subject to debts or liabilities of the decedent.

Arkansas

  • Key law: Arkansas Code Section 16-62-102
  • Who can file: Personal representative (or heirs at law if no personal representative)
  • Statute of limitations: Generally 3 years

An Arkansas wrongful death case may be brought when the death of a person or an unborn child is caused by a wrongful act, neglect, or default, and the act, neglect, or default would have entitled the victim to maintain an action and recover damages if death had not ensued. The beneficiaries of the action are the surviving spouse, children, parents, and siblings of the deceased person, as well as people standing in loco parentis to the deceased person and people to whom the deceased person stood in loco parentis at any time during the deceased person’s life. A jury or judge may fix such damages as are fair and just compensation for pecuniary injuries, including a spouse’s loss of the services and companionship of a deceased spouse and any mental anguish resulting from the death to the surviving spouse and beneficiaries of the deceased person.

California

California law provides that a wrongful death is a death caused by the wrongful act or neglect of someone else. State laws do not specify the types of damages available in a California wrongful death action, but Judicial Council of California Civil Jury Instruction No. 3921 provides that both economic and non-economic damages may be available. Economic damages may include the financial support that the victim would have contributed to the family, the loss of gifts or benefits that the plaintiff would have expected to receive from the victim, funeral and burial expenses, and the reasonable value of household services that the victim would have provided. Non-economic damages may include the loss of the victim’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support, as well as the loss of the enjoyment of sexual relations and the loss of training and guidance.

Colorado

  • Key laws: Colorado Code Section 13-21-202 et seq.
  • Who can file: Generally spouse in first year (or heirs of deceased or designated beneficiary if no spouse); spouse, heirs, spouse and heirs, or designated beneficiary and heirs in second year; sometimes parents if deceased person was unmarried
  • Statute of limitations: Generally 2 years (4 years for hit and run accidents)

A Colorado wrongful death case may be brought when a death is caused by a wrongful act, neglect, or default of someone else, and the act, neglect, or default would have entitled the victim to maintain an action and recover damages if death had not ensued. A jury may give such damages as are deemed fair and just with reference to the necessary injury resulting from the death, including damages for non-economic loss or injury. These include damages for grief, loss of companionship, pain and suffering, and emotional stress to the surviving parties who may be entitled to sue. A jury also must consider the mitigating or aggravating circumstances related to the wrongful act, neglect, or default. Damages may be limited in some circumstances.

Connecticut

While the statute of limitations above runs from the death, no Connecticut wrongful death case generally may be brought more than five years after the act or omission that caused the death. (There are some exceptions when a death resulted from a serious crime.) An executor or administrator may recover from an at-fault party just damages together with the cost of reasonably necessary medical, hospital, and nursing services, and including funeral expenses.

Delaware

  • Key law: 10 Delaware Code Section 3724
  • Who can file: Spouse, parents, children, siblings, or (if none of the preceding people) anyone related to the deceased person by blood or marriage
  • Statute of limitations: 2 years

Delaware wrongful death law defines a wrongful act as an act, neglect, or default that would have entitled the injured person to maintain an action and recover damages if death had not ensued. Damages may be awarded to the beneficiaries in proportion to the injury resulting from the wrongful death. In determining the amount of damages, a judge or jury may consider factors such as the deprivation of the expectation of pecuniary benefits to beneficiaries that would have resulted from the continued life of the deceased person, as well as loss of contributions for support, loss of parental, marital, and household services, reasonable funeral expenses (up to a cap), and mental anguish resulting from the death to the surviving spouse and next of kin.

Florida

A Florida wrongful death case may be brought when the death of a person is caused by a wrongful act, negligence, default, or breach of contract or warranty, and the event would have entitled the victim to maintain an action and recover damages if death had not ensued. Each survivor may recover the value of lost support and services and future loss of support and services. A surviving spouse may recover for the loss of the decedent’s companionship and protection and for mental pain and suffering. Minor children (or all children if there is no spouse) may recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. A parent of a minor child (or an adult child if there are no other survivors) may recover for mental pain and suffering. A survivor may recover for medical or funeral expenses that they have paid. The personal representative may recover certain amounts for the estate.

Georgia

  • Key laws: Georgia Code Section 51-4-1 et seq.
  • Who can file: Spouse; child if no spouse; parents if no spouse or child; administrator or executor if no spouse, child, or parent
  • Statute of limitations: Generally 2 years

A Georgia wrongful death case may be brought in any situation in which a death results from a crime, from negligence, or from property that has been defectively manufactured, regardless of whether the defect resulted from negligence. A surviving spouse, child, or parent may recover the full value of the life of the deceased person for the death of a spouse, parent, or child. When there is no spouse, child, or parent to bring a wrongful death action, the administrator or executor may bring an action and hold the amount recovered for the benefit of the next of kin. The amount of the recovery is again the full value of the life of the deceased person. When a death results from a crime or negligence, the personal representative also will be entitled to recover for the funeral, medical, and other necessary expenses resulting from the injury and death.

Hawaii

  • Key law: Hawaii Revised Statutes Section 663-3
  • Who can file: Legal representative, or surviving spouse, reciprocal beneficiary, children, parents, or any person wholly or partly dependent on the deceased person
  • Statute of limitations: 2 years

A Hawaii wrongful death case may be brought when the death of a person is caused by the wrongful act, neglect, or default of someone else. The action must be maintained on behalf of the people above other than the legal representative, although the legal representative may recover the reasonable expenses of the deceased person’s last illness and burial on behalf of the estate. Damages may be awarded that are deemed fair and just compensation under the circumstances, with reference to the pecuniary injury and loss of love and affection. These include loss of society, companionship, comfort, consortium, or protection, loss of marital care, attention, advice, or counsel, loss of care, attention, advice, or counsel of a reciprocal beneficiary, loss of filial care or attention, or loss of parental care, training, guidance, or education.

Idaho

  • Key law: Idaho Code Section 5-311
  • Who can file: Heirs (defined by statute above) or personal representatives
  • Statute of limitations: 2 years

An Idaho wrongful death case may be brought when the death of a person is caused by the wrongful act or neglect of someone else. Damages may be awarded that are just under all the circumstances of the case. The Idaho Supreme Court has explained that courts in Idaho generally follow a loss of support theory of damages. This theory measures damages as the loss to the survivors of what the deceased person would have contributed to them in the form of support if they had lived.

Illinois

  • Key laws: 740 Illinois Compiled Statutes Section 180/1 et seq.
  • Who can file: Personal representatives
  • Statute of limitations: Generally 2 years (5 years for violent intentional conduct or 1 year after final disposition of criminal case for certain crimes)

An Illinois wrongful death action may be brought when the death of a person is caused by a wrongful act, neglect, or default that would have entitled the injured person to maintain an action and recover damages if death had not ensued. The amount recovered in a wrongful death case is for the exclusive benefit of the surviving spouse and next of kin of the victim. A jury may award damages that it considers to be fair and just compensation with reference to the pecuniary injuries resulting from the death, including damages for grief, sorrow, and mental suffering, to the surviving spouse and next of kin of the victim.

Indiana

  • Key laws: Indiana Code Section 34-23-1-1 et seq.
  • Who can file: Personal representative for adult victim; parents, person with custody, or guardian for child victim
  • Statute of limitations: 2 years

Indiana wrongful death law provides that damages based on the death of an adult may include but are not limited to reasonable medical, hospital, funeral, and burial expenses necessitated by the wrongful act or omission that caused the death, as well as loss of love and companionship. Damages for grief and punitive damages are not allowed. Damages awarded for medical, hospital, funeral, and burial expenses inure to the exclusive benefit of the estate, while the rest of the damages inure to the exclusive benefit of a non-dependent parent or non-dependent child of the victim. Specific rules apply to damages based on the death of a child.

Iowa

Iowa wrongful death law provides that damages recovered as a result of the wrongful act must be disposed as personal property belonging to the estate of the deceased person. If the damages include damages for loss of services and support of a deceased spouse, parent, or child, however, the damages must be apportioned among the surviving spouse, children, and parents of the deceased person in a manner that is equitable considering the loss of services and support sustained by the surviving spouse, children, and parents.

Kansas

  • Key laws: Kansas Statutes Section 60-1901 et seq.
  • Who can file: Any heir at law of the deceased person who has sustained a loss as a result of the death
  • Statute of limitations: 2 years

A Kansas wrongful death action may be brought if the death of a person is caused by the wrongful act or omission of someone else, and the victim might have maintained the action if they had lived. A judge or jury may award such damages as are found to be fair and just under all of the facts and circumstances, but damages other than pecuniary loss sustained by an heir at law cannot exceed $250,000 and costs in the aggregate. Types of damages that may be recovered include mental anguish, suffering, or bereavement, as well as loss of society, companionship, comfort, or protection; loss of marital care, attention, advice, or counsel; loss of filial care or attention; loss of parental care, training, guidance, or education; and reasonable funeral expenses.

Kentucky

  • Key laws: Kentucky Revised Statutes Section 411.130 et seq.
  • Who can file: Generally the personal representative
  • Statute of limitations: 1 year after appointment of personal representative, or 2 years after death if personal representative is not appointed within 1 year after death

A Kentucky wrongful death action may be brought when the death of a person results from an injury inflicted by the negligence or wrongful act of someone else. Punitive damages may be available if the act was willful or the negligence gross. If the victim did not die immediately from their injuries, the personal representative may recover damages in the same action for both the wrongful death and the injuries that the victim suffered prior to their death. In a wrongful death action in which the victim was a minor child, their surviving parents may recover for loss of affection and companionship that would have been derived from the child during their minority, in addition to other elements of damages usually recoverable in a wrongful death action.

Louisiana

  • Key law: Louisiana Civil Code Article 2315.2
  • Who can file: Spouse, child, spouse and child; parents if no spouse or child; siblings if no spouse, child, or parent; grandparents if no spouse, child, parent, or sibling
  • Statute of limitations: 1 year

Louisiana wrongful death law simply provides that these claims arise when a person dies due to the fault of someone else. When this happens, a lawsuit may be brought by the people listed above to recover damages that they sustained as a result of the death. State law provides that significant discretion must be left to the judge or jury in assessing damages. If the victim died partly as a result of their own negligence, damages will be reduced in proportion to their percentage of fault. Punitive damages are not available.

Maine

  • Key law: 18-C Maine Revised Statutes Section 2-807
  • Who can file: Personal representative or special administrator
  • Statute of limitations: Generally 2 years (6 years after discovery of cause of action when death resulted from homicide)

A Maine wrongful death action may be brought when the death of a person is caused by a wrongful act, neglect, or default that would have entitled the victim to maintain an action and recover damages if death had not ensued. Damages are generally distributable, after payment for funeral expenses and the costs of recovery, directly to the victim’s heirs without becoming part of the probate estate. Damages are payable to the estate of the victim only if the jury specifically makes an award payable to the estate for reasonable expenses of medical, surgical, and hospital care and treatment and for reasonable funeral expenses. A jury may award damages up to $750,000 for the loss of comfort, society, and companionship of the victim. Punitive damages up to $250,000 are available.

Maryland

  • Key law: Maryland Courts and Judicial Proceedings Code Section 3-904
  • Who can file: Spouse, parent, child; if no spouse, parent, or child, any person related to the deceased person by blood or marriage who was substantially dependent on the deceased person
  • Statute of limitations: Generally 3 years (exceptions involving occupational diseases and criminal homicide)

A Maryland wrongful death action may be brought after an act, neglect, or default that would have entitled the injured person to maintain an action and recover damages if death had not ensued. Damages awarded may include damages for mental anguish, emotional pain and suffering, and loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education when applicable for the death of a spouse, a minor child, a parent of a minor child, or certain unmarried adult children. Damages awarded for the death of another type of child or a parent of an adult child may include damages for mental anguish, emotional pain and suffering, and loss of society, companionship, comfort, protection, care, attention, advice, counsel, training, education, or guidance when applicable.

Massachusetts

Massachusetts wrongful death law provides that a person will be liable if they cause the death of someone else by their negligence or by a willful, wanton, or reckless act under circumstances in which the victim could have recovered damages for injuries if their death had not resulted. (The statute also describes situations involving common carriers and breach of warranty.) Damages may include the loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the victim, as well as their reasonable funeral and burial expenses. In addition, punitive damages may be recovered in an amount no less than $5,000 if the death was caused by the malicious, willful, wanton, or reckless conduct or the gross negligence of the defendant. Damages also may be recovered for conscious suffering resulting from the same injury, but these damages will be held and disposed by the executor or administrator as assets of the estate.

Michigan

A Michigan wrongful death action may be brought when a death or injuries resulting in death are caused by a wrongful act, neglect, or fault of someone else, and the act, neglect, or fault would have entitled the victim to maintain an action and recover damages if death had not ensued. Within 30 days after bringing an action, the personal representative must serve a copy of the complaint and notice upon people who may be entitled to damages, who are defined by statute. A judge or jury may award damages that they consider fair and equitable, including reasonable medical, hospital, funeral, and burial expenses, reasonable compensation for conscious pain and suffering by the victim between the injury and the death, and the loss of financial support and the loss of the society and companionship of the deceased person.

Minnesota

  • Key law: Minnesota Statutes Section 573.02
  • Who can file: “Trustee” (appointed by court upon petition by spouse or next of kin)
  • Statute of limitations: Generally 3 years

A Minnesota wrongful death action may be brought when a death is caused by the wrongful act or omission of a person or corporation if the victim could have maintained an action had they lived for an injury caused by the wrongful act or omission. While the statute of limitations runs from the date of death, a lawsuit not involving a death caused by murder or medical malpractice must be brought within six years after the act or omission. Damages will be awarded in the amount that the jury deems fair and just in reference to the pecuniary loss resulting from the death and are for the exclusive benefit of the surviving spouse and next of kin. The court will determine the proportionate pecuniary loss of people entitled to recovery and distribute the damages accordingly. Funeral expenses and any demand for the support of the victim are first deducted and paid. Punitive damages may be available.

Mississippi

  • Key law: Mississippi Code Section 11-7-13
  • Who can file: Personal representative, spouse, parent, child, sibling
  • Statute of limitations: Generally 3 years; 1 year if death was caused by intentional act

A Mississippi wrongful death action may be brought when the death of a person was caused by a real, wrongful, or negligent act or omission, by unsafe machinery, way, or appliances, or by a breach of warranty for consumable products, and the victim would have been entitled to maintain an action and recover damages if death had not ensued. The victim must have left a spouse, child, parent, or sibling. There must be only one lawsuit for the same death. The plaintiffs may recover damages that the jury may determine to be just, taking into consideration all the damages of every kind to the victim and all the damages of every kind to any and all parties interested in the lawsuit.

Missouri

  • Key laws: Missouri Revised Statutes Section 537.080 et seq.
  • Who can file: Spouse, child, lineal descendant of deceased child, or parent; if none of the preceding, sibling or descendant of sibling; if none of either category, plaintiff ad litem appointed by court upon application of a person entitled to share in proceeds of action
  • Statute of limitations: 3 years

A Missouri wrongful death action may be brought when the death of a person results from any act, conduct, occurrence, transaction, or circumstance that would have entitled the victim to recover damages if death had not ensued. A jury may award such damages as it deems fair and just, considering the pecuniary losses caused by the death, funeral expenses, and the reasonable value of lost services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support. A jury also may award damages that the victim suffered between the time of injury and the time of death. Damages for grief and bereavement are not available.

Montana

A Montana wrongful death action may be brought when the death of a person was caused by the wrongful act or neglect of someone else. Montana law generally provides that damages in these cases may be awarded that are just under all the circumstances of the case. The Montana Supreme Court has held that a wrongful death plaintiff may recover damages for loss of consortium, loss of comfort and society, and the reasonable value of the contributions in money that the victim would reasonably have provided for the support, education, training, and care of the heirs during the life expectancies of the victim and survivors.

Nebraska

A Nebraska wrongful death action may be brought when the death of a person is caused by the wrongful act, neglect, or default of a person or entity, and the act, neglect, or default would have entitled the victim to maintain an action and recover damages if death had not ensued. The personal representative will bring the action for the exclusive benefit of the victim’s surviving spouse and next of kin. The verdict or judgment will be for the amount of damages that the people on whose behalf the action is brought have sustained. The damages will be distributed among the spouse and next of kin in the proportion that the pecuniary loss suffered by each of them bears to the total pecuniary loss suffered by all of them.

Nevada

A Nevada wrongful death action may be brought when the death of a person is caused by the wrongful act or neglect of someone else. Damages available to the heirs may include pecuniary damages for grief or sorrow and loss of probable support, companionship, society, comfort, and consortium, as well as damages for the pain, suffering, or disfigurement of the victim. Damages recoverable by personal representatives on behalf of the estate may include medical expenses prior to death, funeral expenses, and exemplary or punitive damages, but damages for pain, suffering, or disfigurement are not included.

New Hampshire

Damages in New Hampshire wrongful death cases may include the mental and physical pain suffered by the victim due to the injury, the reasonable expenses incurred by the estate, the probable duration of the victim’s life but for the injury, and the capacity to earn money during the victim’s probable working life. In addition, damages may be awarded to a surviving spouse for the loss of the comfort, society, and companionship of the victim, capped at $150,000. When the victim is a parent of a minor child, damages may be awarded to the child for the loss of familial relationship. When the victim is a minor child with a surviving parent, damages may be awarded to the parent for the loss of familial relationship.

New Jersey

A New Jersey wrongful death action may be brought when a death is caused by a wrongful act, neglect, or default, such as would have entitled the victim to maintain an action for damages if death had not ensued. A jury may award such damages as it deems fair and just with reference to the pecuniary injuries resulting from the death, together with the hospital, medical, and funeral expenses incurred for the victim, to the people entitled to any intestate personal property of the victim. If there is a surviving spouse of the victim and one or more surviving descendants of the victim, they will be entitled to equal proportions for purposes of recovery.

New Mexico

A New Mexico wrongful death action may be brought when the death of a person has been caused by the wrongful act, neglect, or default of someone else, and the act, neglect, or default would have entitled the victim to maintain an action and recover damages if death had not ensued. A jury may award compensatory and exemplary damages as it deems fair and just, taking into consideration the pecuniary injury resulting from the death to the surviving party entitled to the judgment or any interest in the judgment and also having regard to the mitigating and aggravating circumstances related to the wrongful act, neglect, or default. New Mexico law provides a specific formula for distributing damages.

New York

New York wrongful death law provides that the personal representative of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect, or default that caused the decedent’s death against a person who would have been liable to the decedent due to their wrongful conduct if death had not ensued. A jury or court may award damages that are fair and just compensation for the pecuniary injuries resulting from the death to the people for whose benefit the action is brought. In addition to any other lawful element of recoverable damages, the reasonable expenses of medical aid, nursing, and attention incident to the injury causing death and the reasonable funeral expenses of the decedent paid by the distributees are proper elements of damages. Punitive damages may be awarded if they would have been recoverable if the decedent had survived.

North Carolina

A North Carolina wrongful death action may be brought when the death of a person is caused by a wrongful act, neglect, or default of someone else, such as would have entitled the injured person to an action for damages if they had lived. Damages recoverable for a wrongful death include expenses for care, treatment, and hospitalization incident to the injury resulting in death, compensation for pain and suffering of the victim, and the reasonable funeral expenses of the victim. Additional types of damages include the present monetary value of the victim to the people entitled to receive the damages recovered, including compensation for the loss of the reasonably expected net income of the victim, as well as their services, protection, care, assistance, society, companionship, comfort, guidance, kindly offices, and advice. Punitive damages also may be available.

North Dakota

  • Key laws: North Dakota Century Code Section 32-21-01 et seq.
  • Who can file: Spouse, child, parent, grandparent, personal representative, person with primary physical custody of the victim (in that order)
  • Statute of limitations: Generally 2 years

A North Dakota wrongful death action may be brought when the death of a person is caused by a wrongful act, neglect, or default, and the act, neglect, or default would have entitled the injured person to maintain an action and recover damages if death had not ensued. Any amount recovered is not liable for the debts of the victim but instead inures to the exclusive benefit of the victim’s heirs. The jury must award damages that it finds proportionate to the injury resulting from the death to the people entitled to the recovery.

Ohio

An Ohio wrongful death action may be brought when the death of a person is caused by a wrongful act, neglect, or default that would have entitled the injured person to maintain an action and recover damages if death had not ensued. Compensatory damages may include loss of support from the reasonably expected earning capacity of the victim, loss of services of the victim, and loss of the society of the victim, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education suffered by a surviving spouse, dependent children, parents, or next of kin. Damages also may include loss of prospective inheritance to the victim’s heirs at law and the mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin.

Oklahoma

An Oklahoma wrongful death action may be brought when the death of a person is caused by the wrongful act or omission of someone else, and the victim could have maintained an action had they lived for an injury for the same act or omission. Damages that may be recovered include medical and burial expenses, the loss of consortium and the grief of the surviving spouse, and the mental pain and anguish suffered by the victim. In addition, damages may include the pecuniary loss to the survivors and the grief and loss of companionship of the children and parents of the victim. Punitive or exemplary damages also may be available.

Oregon

An Oregon wrongful death action may be brought when the death of a person is caused by the wrongful act or omission of someone else if the victim could have maintained an action had they lived for an injury done by the same act or omission. Damages may be awarded in an amount that would justly, fairly, and reasonably have compensated the victim for disability, pain, suffering, and loss of income between their injury and their death, and that justly, fairly, and reasonably compensates for pecuniary loss to the victim’s estate. Damages also must justly, fairly, and reasonably compensate the victim’s spouse, children, stepchildren, stepparents, and parents for pecuniary loss and for the loss of the society, companionship, and services of the victim. In addition, damages include reasonable charges necessarily incurred for medical, hospital, and nursing services and burial expenses. Punitive damages may be available if the victim would have been entitled to recover them if they had lived.

Pennsylvania

  • Key law: 42 Pennsylvania Consolidated Statutes Section 8301
  • Who can file: Generally personal representative (or any person entitled by law to recover damages in the action if no action for wrongful death has been brought within six months after the death)
  • Statute of limitations: 2 years

A Pennsylvania wrongful death action may be brought to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of someone else if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during their lifetime. The right of action generally exists for the benefit of the spouse, children, or parents of the victim. However, the plaintiff is also entitled to recover damages for reasonable hospital, nursing, medical, and funeral expenses and expenses of administration necessitated by reason of injuries causing death.

Rhode Island

  • Key laws: Rhode Island General Laws Section 10-7-1 et seq.
  • Who can file: Generally executor or administrator (but if no action brought by executor or administrator within six months after death, beneficiaries may bring action)
  • Statute of limitations: 3 years

A Rhode Island wrongful death action may be brought when the death of a person has been caused by the wrongful act, neglect, or default of someone else, and the act, neglect, or default would have entitled the injured person to maintain an action and recover damages if death had not ensued. A statute provides a specific formula for calculating pecuniary damages. Moreover, a surviving spouse may recover damages for loss of consortium and for emotional distress, grief, and loss of enjoyment of life. A surviving child may recover damages for the loss of parental society and companionship and for emotional distress, grief, and loss of enjoyment of life. A surviving parent may recover damages for the loss of the child’s society and companionship and for emotional distress, grief, and loss of enjoyment of life.

South Carolina

A South Carolina wrongful death action may be brought when the death of a person was caused by the wrongful act, neglect, or default of someone else, and the act, neglect, or default would have entitled the injured person to maintain an action and recover damages if death had not ensued. This action is for the benefit of the spouse and children of the victim, or for the benefit of the parents if there is no spouse or child, or for the benefit of the heirs of the victim if there is no spouse, child, or parent. A jury may award damages that are proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit the action is brought. Exemplary damages may be available when the wrongful act, neglect, or default was a result of recklessness, willfulness, or malice.

South Dakota

A South Dakota wrongful death action may be brought when the death of a person is caused by a wrongful act, neglect, or default that would have entitled the injured person to maintain an action and recover damages if death had not ensued. The action is brought for the exclusive benefit of the spouse and children of the victim, or for the benefit of the parents and next of kin of the victim if they have no spouse or child. A jury may award damages that they find proportionate to the pecuniary injury resulting from the death to the persons respectively for whose benefit the action was brought.

Tennessee

  • Key laws: Tennessee Code Section 20-5-106 et seq.
  • Who can file: Spouse, children or next of kin, personal representative, parents if victim was in their custody at time of death, legally adoptive parents
  • Statute of limitations: 1 year

Tennessee wrongful death law provides that the right of action that a person who dies from injuries caused by someone else, or whose death is caused by a wrongful act, omission, or killing by another person, would have had against the wrongdoer if death had not ensued passes to the people listed above. Damages in these cases may include the mental and physical suffering, loss of time, and necessary expenses resulting to the victim from the injuries, as well as the damages resulting to the parties for whose use and benefit the right of action survives from the death caused by the injuries. Specific rules apply to an action involving the death of a spouse.

Texas

Texas wrongful death law generally provides that a person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by their wrongful act, neglect, carelessness, unskillfulness, or default. The action is for the exclusive benefit of the surviving spouse, children, and parents of the victim. A jury may award damages in an amount proportionate to the injury resulting from the death, and the damages will be divided in shares as found by the jury among the people who are entitled to recover and who are alive at that time. Exemplary damages may be recovered when the death is caused by the willful act or omission or gross negligence of the defendant.

Utah

Utah law provides that a wrongful death occurs when the death of a person is caused by the wrongful act or neglect of someone else. Damages in a Utah wrongful death case may be awarded as may be just under all the circumstances of the case. Heirs are generally defined as the spouse, children, parents, and certain stepchildren of the victim, as well as any blood relative under the law of intestate succession if the victim is not survived by a spouse, child, or parent. The Utah Supreme Court has listed certain elements to consider in assessing damages recoverable in a wrongful death action. These include the financial support furnished; the loss of affection, counsel, and advice; the loss of the victim’s care and solicitude for the welfare of the family; and the loss of the comfort and pleasure that the family of the victim would have received.

Vermont

A Vermont wrongful death action may be brought when the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect, or default would have entitled the injured person to maintain an action and recover damages if death had not ensued. A judge or jury may award damages that are just, with reference to the pecuniary injuries resulting from the death, to the spouse and next of kin. If the victim was a minor child, pecuniary injuries will include the loss of love and companionship of the child and the destruction of the parent-child relationship.

Virginia

  • Key laws: Code of Virginia Section 8.01-50 et seq.
  • Who can file: Generally personal representative (mother of fetus for fetal death)
  • Statute of limitations: 2 years

A wrongful death in Virginia occurs when the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect, or default would have entitled the injured person to maintain an action if death had not ensued. A court or jury may award damages that seem fair and just. A verdict or judgment of a court trying a Virginia wrongful death case without a jury must include damages for sorrow, mental anguish, and solace, as well as compensation for reasonably expected loss of income of the victim and services, protection, care, and assistance provided by the victim. Other required items of damages include reasonable funeral expenses and expenses for the care, treatment, and hospitalization of the victim related to the injury resulting in death. Punitive damages may be recovered for willful, wanton, or reckless conduct.

Washington

  • Key laws: Revised Code of Washington Section 4.20.010 et seq.
  • Who can file: Generally personal representative (sometimes parent or guardian for death of child who has no spouse or child)
  • Statute of limitations: Generally 3 years

A wrongful death in Washington occurs when the death of a person is caused by the wrongful act, neglect, or default of someone else. A Washington wrongful death action can recover economic and non-economic damages sustained by statutorily defined beneficiaries as a result of the death in amounts that are determined to be just under all the circumstances of the case. The beneficiaries are the spouse (or domestic partner) and children of the victim, including stepchildren. If there is no spouse, domestic partner, or child of the victim, the action may be maintained for the benefit of the parents or siblings of the victim.

Washington, D.C.

A Washington, D.C. wrongful death action may be brought when the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect, or default would entitle the injured person to maintain an action and recover damages if death did not ensue. The death must have resulted from an injury done or happening within the limits of the District. Damages must be assessed with reference to the injury to the spouse (or domestic partner) and the next of kin of the victim. Damages must include the reasonable expenses of last illness and burial. If a verdict is deemed excessive, the trial judge may order a reduction of the verdict, as may the appellate court on appeal.

West Virginia

A West Virginia wrongful death action may be brought when the death of a person is caused by a wrongful act, neglect, or default that would have entitled the injured person to maintain an action to recover damages if death had not ensued. The verdict of a jury in a wrongful death case must include damages for sorrow, mental anguish, and solace, as well as compensation for reasonably expected loss of income of the victim and services, protection, care, and assistance provided by the victim. Other required items of damages include reasonable funeral expenses and expenses for the care, treatment, and hospitalization of the victim incident to the injury resulting in death.

Wisconsin

  • Key laws: Wisconsin Statutes Section 895.03 et seq.
  • Who can file: Personal representative or “the person to whom the amount recovered belongs”
  • Statute of limitations: Generally 3 years (2 years for car accidents)

A Wisconsin wrongful death action may be brought when a death is caused by a wrongful act, neglect, or default that would have entitled the injured person to maintain an action and recover damages if death had not ensued. The action must be brought for a death caused in Wisconsin, although the death does not need to occur in Wisconsin. A judgment for damages for pecuniary injury from wrongful death may be awarded to any person entitled to bring a wrongful death action. Additional damages for loss of society and companionship may be awarded to the spouse, children, or parents of the victim, or to the siblings of the victim if the siblings were minors at the time of the death. These additional damages must not exceed $500,000 per occurrence for a deceased minor or $350,000 per occurrence for a deceased adult.

Wyoming

  • Key laws: Wyoming Statutes Section 1-38-101 et seq.
  • Who can file: “Wrongful death representative” (appointed by the court after determining who will best represent the interests of the potential beneficiaries of the action as a whole)
  • Statute of limitations: 2 years

A Wyoming wrongful death action may be brought when the death of a person is caused by a wrongful act, neglect, or default that would have entitled the injured person to maintain an action to recover damages if death had not ensued. A court or jury may award pecuniary and exemplary damages that are deemed fair and just. Each person for whose benefit an action for wrongful death is brought may prove their respective damages. The court or jury may award the amount of damages to that person to which it considers them entitled, including damages for loss of probable future companionship, society, and comfort.

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