Filing a Wrongful Death Claim After a Car Accident

If you lost a loved one due to an accident, a representative of your family may file a wrongful death lawsuit within two years of the date of the decedent’s death. Either the deceased’s will or the court can name that representative.

Family members eligible for compensation include:

• The deceased person’s spouse, children, and parents

• A blood relative or adoptive sibling who was solely or partially dependent on the decedent for support or services.

A child born to unmarried parents is eligible for damages if his or her mother dies, but can only recover damages in the death of his or her father if the father had formally recognized the child as his own and was responsible for contributing to the support of the child.

Family members may recover these damages through a wrongful death claim:

• The value of the support and services that the decedent provided to the family member.

• Lost wages, benefits, and other earnings from the deceased person, including lost wages that the deceased person would have earned if death had not occurred.

• The loss of companionship, guidance, and protection that the decedent provided.

• Mental and emotional pain due to the loss of a child.

• Any pre-death medical expenses or funeral expenses that the family member paid on behalf of the deceased person.