Who Can File a Wrongful Death Claim
State laws determine who can bring wrongful death claims, typically including:
Immediate Family: Spouses, children (including adult children), and parents of the deceased.
Financial Dependents: Anyone who relied on the deceased for financial support, regardless of legal relationship.
Extended Family: Some states allow siblings, grandparents, or other relatives to file claims.
Personal Representatives: In many states, the estate's personal representative files on behalf of survivors.
Wrongful death claims are typically separate from survival actions, which recover damages the deceased could have claimed had they survived (such as pain and suffering before death).
Immediate Family: Spouses, children (including adult children), and parents of the deceased.
Financial Dependents: Anyone who relied on the deceased for financial support, regardless of legal relationship.
Extended Family: Some states allow siblings, grandparents, or other relatives to file claims.
Personal Representatives: In many states, the estate's personal representative files on behalf of survivors.
Wrongful death claims are typically separate from survival actions, which recover damages the deceased could have claimed had they survived (such as pain and suffering before death).
Damages in Wrongful Death Cases
Wrongful death damages typically include:
Economic Damages:
• Lost future income and benefits
• Value of household services
• Medical expenses before death
• Funeral and burial costs
• Lost inheritance
Non-Economic Damages:
• Loss of companionship and consortium
• Loss of guidance and nurturing (for children)
• Loss of parental care
• Mental anguish of survivors
Punitive Damages: Available in some states when the trucking company's conduct was particularly egregious, such as knowingly allowing fatigued or impaired drivers to operate.
Economic Damages:
• Lost future income and benefits
• Value of household services
• Medical expenses before death
• Funeral and burial costs
• Lost inheritance
Non-Economic Damages:
• Loss of companionship and consortium
• Loss of guidance and nurturing (for children)
• Loss of parental care
• Mental anguish of survivors
Punitive Damages: Available in some states when the trucking company's conduct was particularly egregious, such as knowingly allowing fatigued or impaired drivers to operate.
Calculating Lifetime Losses
Wrongful death claims for productive adults can involve substantial lifetime calculations:
• Future earnings through expected retirement age
• Projected raises and career advancement
• Value of employee benefits (health insurance, retirement contributions)
• Household services the deceased would have provided
• Future inheritance beneficiaries would have received
Economists and vocational experts project these lifetime losses. A 35-year-old earning $75,000 annually may have $3+ million in future earnings alone, before other damages are considered.
Non-economic damages for loss of companionship and consortium are harder to quantify but often equal or exceed economic damages.
• Future earnings through expected retirement age
• Projected raises and career advancement
• Value of employee benefits (health insurance, retirement contributions)
• Household services the deceased would have provided
• Future inheritance beneficiaries would have received
Economists and vocational experts project these lifetime losses. A 35-year-old earning $75,000 annually may have $3+ million in future earnings alone, before other damages are considered.
Non-economic damages for loss of companionship and consortium are harder to quantify but often equal or exceed economic damages.
Time Limits and Legal Process
Wrongful death claims have strict time limits (statutes of limitations) that vary by state, typically 1-3 years. Missing this deadline bars your claim forever.
The legal process typically involves:
1. Investigation: Gathering evidence about the crash and damages
2. Filing: Submitting the wrongful death complaint
3. Discovery: Both sides exchange information
4. Negotiation: Attempting to settle before trial
5. Trial: If settlement fails, presenting the case to a jury
Most wrongful death truck accident cases settle before trial, often for policy limits. Our attorneys handle every step, allowing grieving families to focus on healing.
The legal process typically involves:
1. Investigation: Gathering evidence about the crash and damages
2. Filing: Submitting the wrongful death complaint
3. Discovery: Both sides exchange information
4. Negotiation: Attempting to settle before trial
5. Trial: If settlement fails, presenting the case to a jury
Most wrongful death truck accident cases settle before trial, often for policy limits. Our attorneys handle every step, allowing grieving families to focus on healing.