Wrongful Death Statute

Each state's wrongful death statute establishes the cause of action, identifies the proper plaintiff, defines the class of beneficiaries, specifies recoverable damages, and sets the limitations period.

Some statutes create a single combined action, while others maintain wrongful death and survival as separate claims with distinct requirements.

Alternative Names:

Death Statute, Wrongful Death Act

Why it Matters?

Because these claims exist only by statute, procedural compliance is a threshold defense that operates independently of the merits. Common defects include suit filed by an individual rather than the appointed representative, failure to open an estate before filing, and beneficiaries omitted from the action. Limitations periods are often shorter than for the underlying injury claim and are sometimes measured from death rather than from the injury.

Frequently Confused with

Related terms

Frequently asked questions

Can a family member file a wrongful death claim directly?

It depends on the statute. Many states require the personal representative to bring the action, and suits filed by individual family members are subject to dismissal.

Is the limitations period the same as for injury claims?

Often not. Death claim periods are frequently shorter and are typically measured from the date of death rather than the date of injury.