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Injury guide

Wrongful Death After a Fatal Car Accident

Last updated Written by Accident Claim Check Editorial TeamAttorney review: pending

Not medical advice — if you have an emergency, call 911. If you are hurt, see a doctor.

What is a wrongful death claim?

Losing someone in a crash is devastating. A wrongful death claim allows certain family members to seek compensation when a death was caused by someone else's negligence.

Every state has its own rules about who can file, what can be recovered and how long you have.

What losses can a wrongful death claim cover?

Wrongful death claims are not about symptoms — they are about the losses a family suffers after a fatal crash.

  • Funeral and burial costs
  • Medical bills before death
  • Lost financial support
  • Loss of companionship and guidance
  • Lost household services
  • In some states, the deceased's own pain and suffering (a survival claim)

If you are grieving, it is okay to take time — but be aware that deadlines may apply.

Why does documenting your family's losses matter for a claim?

Records help show what the family has lost.

  • Keep the death certificate and police report.
  • Gather funeral and medical bills.
  • Collect income records for the person who died.
  • Write down how the loss affects your family.

Where can families find support?

Grief support resources and counseling can help families. An attorney can explain your options when you are ready.

Claims often wait until you reach maximum medical improvement, so the full cost of the injury is known. See how long settlements take.

FAQ

Wrongful deathquestions, answered.

01

Who can file a wrongful death claim?

It depends on state law. Often it is the spouse, children, parents or the personal representative of the estate.

02

How long do we have to file?

Wrongful death deadlines vary by state and can be different from injury deadlines. Act as soon as you can.

03

Is a wrongful death claim the same as a criminal case?

No. A civil claim seeks compensation and is separate from any criminal charges.

04

What if the driver who caused the crash also died?

A claim may still be possible against their insurance or estate.

05

Does it cost anything to talk to an attorney?

Many wrongful death attorneys offer free consultations and work on contingency.

Next step

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