Statutory beneficiaries by state.

Wrongful death claims can only be filed by people the state’s statute specifically permits. The exact list varies but most states allow some combination of:

• Surviving spouse — virtually every state.
• Children (biological and adopted) — virtually every state.
• Parents of a deceased minor — every state.
• Parents of a deceased adult child — most states, but some require dependence.
• Siblings — only some states, usually only if no spouse, children, or parents survive.
• Personal representative of the estate — typically files on behalf of the beneficiaries.
• Domestic partners — recognized in CA, OR, WA, NV, and a few others.

If you’re not sure whether you can file, a wrongful death lawyer in your state can confirm in a free consultation.

Survival action vs. wrongful death

Two parallel claims often arise from one death:

• Wrongful death claim compensates surviving family members for THEIR losses — financial support the deceased provided, loss of companionship, mental anguish.
• Survival action compensates the deceased’s estate for what THEY suffered between injury and death — pain, suffering, lost wages, medical bills incurred before death.

Both can be pursued together when applicable.

What your family can recover.

Wrongful death damages typically include:

• Lost financial support — what the deceased would have earned and contributed to family over their working life. Often the largest single component.
• Lost benefits — health insurance, retirement contributions, pension benefits the deceased provided to the family.
• Loss of services — childcare, household labor, caregiving the deceased provided.
• Funeral and burial expenses — typically capped at actual costs.
• Loss of consortium / companionship — non-economic damages for the loss of relationship. Spouse and minor children most commonly receive these.
• Mental anguish — the emotional toll on surviving family members. Some states cap these damages.
• Punitive damages — when the conduct was egregious (drunk driving, intentional acts, gross negligence).

State damage caps vary — some states cap non-economic damages in wrongful death cases, others don’t. A lawyer in your state can model what your specific case may be worth.

Common wrongful death questions.