Wrongful Death Claims

These situations commonly justify a free consultation. None of them means you have a valid claim; that is for an attorney to assess.

• A family member died in a vehicle crash, at work, in a hospital or nursing facility, or because of a dangerous product or property.
• An insurer or company has contacted the family, offered a settlement or asked for a release.
• There is a criminal investigation or prosecution connected with the death; a civil claim is separate and has its own deadline.
• Family members disagree about who should bring the claim or how any recovery should be shared.

• The death certificate, autopsy or medical examiner report, and the police or investigative report.
• Medical records for the final illness or injury, including bills.
• Proof of the deceased's earnings, benefits and expected working life, and of the financial support provided to dependants.
• Evidence of the relationship and services lost: care of children, household contributions, guidance and companionship.
• Funeral and burial expenses.

Personal injury law is state law. The examples below name Georgia and Tennessee because those states have dedicated guides on this site; your own state's rules may differ.

• Who may file varies. Georgia gives the claim to the surviving spouse, then children, then parents, then the estate's representative. Tennessee's claim passes to the surviving spouse, children or next of kin, or the estate's representative, with recovery distributed under state law.
• What is measured differs. Georgia values the full value of the life of the deceased from the deceased's own perspective; most states, including Tennessee, focus on the pecuniary and relational losses of the survivors plus the deceased's own damages in a survival claim.
• Comparative fault of the deceased reduces or can bar recovery under the same rules as other injury claims: 50 percent in Georgia, less-than-the-defendant in Tennessee.
• Damage caps and rules on punitive damages vary; some states cap non-economic damages in wrongful death or malpractice-related deaths.

State guides: Georgia, Tennessee.

There is no national personal injury deadline. Each state sets its own statute of limitations, and separate notice rules often apply to claims against government bodies. Missing a deadline usually ends the claim.

• Wrongful death deadlines generally follow the state's personal injury limit and usually run from the date of death: two years in Georgia, one year in Tennessee. Some states have separate wrongful death periods.
• Where a death results from medical malpractice, the malpractice limitation, repose and pre-suit notice rules apply.
• If a government body is responsible, written notice may be required within six to 12 months.
• In Tennessee, if the conduct is the subject of a criminal prosecution commenced within one year, the civil deadline may extend to two years.

Most personal injury attorneys work on a contingency fee: a percentage of any settlement or verdict, with no fee owed if there is no recovery. Case expenses (filing fees, records, experts, depositions) are separate. Some attorneys advance them and deduct them from the recovery; others may ask you to repay them even if the case is lost. Read the written fee agreement before signing, and ask how expenses are handled. Court approval of the fee and of any settlement is required in some states when minors or an estate are involved.