- Statute: Ala.Code 1975 § 6-5-410
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative
- Damages Available Punitive – Alabama solely focused on the behavior of wrongdoer and not so much compensating a loss of injured parties.
Wrongful Death Law Information By State
Click a State For More Information
Alabama
Alaska
- Statute: AS § 09.55.580.
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative
- Damages Available Compensatory – Deprivation of expectation of pecuniary benefits/Loss of contributions for support/loss of assistance/loss of consortium/loss of prospective training & education/medical & funeral expenses
Arizona
- Statute: ARS § 12-611/612/613
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative, surviving spouse, child, parent or guardian, decedents estate
- Damages Available Punitive – Mitigating circumstances Compensatory – very broad “Fair and just w/reference to injury. Includes financial dependency of the survivors/historical earnings of deceased & future earnings/Medical, Funeral, & Burial Costs/Value of emotional damage & Loss
Arkansas
- Statute: A.C.A § 16-62-102
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Personal Representative (If none then heir at law of deceased person)
- Damages Available Compensatory – 2 Types of Claim: 1) Estate Claim = funeral & burial costs/medical bills/Pain & Suffering of deceased/loss of value of deceased’s life including wages he or she was likely to earn. 2) Family Claim = loss of financial support of deceased/loss of Household Services/Loss of care, comfort etc.
California
- Statute: Cal.C.C.P § 377.60
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative, Surviving spouse, domestic partner, Children or Surviving Issue
- Damages Available Compensatory – Damages not in 377.34 (i.e. damages that would occur after death) financial support contributed by deceased/loss of gifts or benefits to heirs could have expected/Funeral & Burial Expenses/Companionship/Affection etc.
Colorado
- Statute: C.R.S.A § 13-21-202
- Statute of Limitations: 2 Years
- Who Can Bring Claim: 1st Year – Spouse of deceased/heirs of deceased(by letter of spouse) 2nd Year – Spouse/heirs/designated beneficiary/Mother or Father(if unmarried & no designated beneficiaries)
- Damages Available Punitive – Exemplary Damages taking into account aggravating circumstances. Compensatory – Economic Loss (medical/funeral bills) & Noneconomic Loss (Pain & Suffering/emotional stress/loss of companionship etc.)
Connecticut
- Statute: C.G.S.A § 52-555
- Statute of Limitations: 2 Years (some exceptions but no claims after 5 Years)
- Who Can Bring Claim: Personal Representative, surviving spouse, child, parent or guardian, decedents estate
- Damages Available Punitive – damages can be doubled or tripled according to C.G.S.A. § 14-295(when recklessly operating motor vehicle) Compensatory – Economic (medical/funeral bills) & Noneconomic (Pain and Suffering/loss of enjoyment of life activities/loss of income)
Delaware
- Statute: Del.C. § 3724
- Statute of Limitations: 2 Years
- Who Can Bring Claim: a) Spouse, parent, child, & siblings of deceased b) If none who qualify under a),anyone related by blood or marriage.
- Damages Available Compensatory – Economic (reasonable funeral costs not more than $7k/loss of expectation of pecuniary benefits/loss of contributions for support/loss of parental, marital, & household services including cost of caring for minor child) & Noneconomic (mental anguish for beneficiaries under (a)
D.C.
- Statute:
DC ST § 16-2701 - Statute of Limitations: 2 Years
- Who Can Bring Claim: Spouse/Domestic Partner (If none, then next of kin)
- Damages Available Compensatory – (based on injury suffered by beneficiary from untimely loss of family) – Economic (funeral costs/medical costs/ lost wages and benefits/other contributions the deceased would likely have made)
Florida
- Statute: F.S.A § 768.16-768.28
- Statute of Limitations: 2 Years (some exceptions)
- Who Can Bring Claim: Personal Representative (If none then one is appointed by the court) – On behalf of spouse/children/parents/any blood relative or adoptive sibling who is partly or wholly dependent on decedent
- Damages Available Compensatory – 2 Types of Claim: 1) Estate Claim = lost wages & benefits deceased would’ve made/lost prospective net accumulations of estate/medical & funeral expenses paid by estate. 2) Family Claim = value of lost support & services/medical & funeral expenses/loss of companionship/mental and emotional Pain & Suffering.
Georgia
- Statute: Ga. Code Ann., § 51-4-1 –> 51-4-6
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Surviving Spouse (if none) –> Surviving Children
- Damages Available Compensatory – 2 Types of Claim: 1) Estate Claim = funeral, medical, & other necessary expenses resulting from injury. 2) Family Claim = full value of life of deceased (lost wages, & benefits including what deceased might have reasonably earned/loss of care, companionship, & other intangible benefits)
Hawaii
- Statute: HRS § 663-3
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Deceased’s Legal Representative, spouse, reciprocal beneficiary, children, parents, or any person wholly or partly dependent upon deceased
- Damages Available Compensatory – 2 Types of Claims: 1) Estate Claim = reasonable expenses of the deceased’s last illness and burial (funeral, burial, and medical costs/lost wages) 2) Family/Beneficiary Claims = loss of society, companionship, or comfort/loss of marital care, attention, or advice/loss of care/loss of filial care/loss of parental care, training, or education
Idaho
- Statute: I.C § 5-311
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative, heirs, spouse, children, stepchildren, parents, and those wholly or partially dependent on descendant
- Damages Available Compensatory – Economic (medical, funeral, & burial/loss of financial support by family members who relied on deceased/loss of the reasonable value of household services deceased provided) & Noneconomic (loss of “care, comfort, and society”)
Illinois
- Statute: 740 ILCS 180/1
- Statute of Limitations: 1-2 Years
- Who Can Bring Claim: Personal Representative, Spouse, Next of Kin
- Damages Available Compensatory – Economic damages (medical, funeral, & burial costs) & Noneconomic (grief, sorrow, & mental suffering)
Indiana
- Statute: IC 34-23-1-1
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative MUST bring case (damages can be distributed to widow/widower/dependent children
- Damages Available Compensatory – Economic (medical, hospital, funeral, & burial costs –> Go to estate) (lost wages, & benefits etc. –> go to widow/widower/dependent children
Iowa
- Statute: I.C.A § 611.20/611.21/611.22/633.336
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative of Estate/spouse/children/parents
- Damages Available Compensatory – Depends on who bring claims. Estate = medical/funeral expenses/lost wages.
Kansas
- Statute: K.S.A. § 60-1901/1902/1903/1904/1905/1906
- Statute of Limitations: 2 Years (usually)
- Who Can Bring Claim: “Heirs at Law of Deceased” (Usually means surviving spouse/children/parent/siblings)
- Damages Available Compensatory – Economic (funeral/burial/medical/lost wages/value of household services) & Noneconomic – capped at $250k (mental anguish/loss of society, companionship/loss of marital care, attention/loss of filial care attention/loss of parental care
Kentucky
- Statute: KRS § 411.130
- Statute of Limitations: 1 Year
- Who Can Bring Claim: Personal Representative (damages distributed to estate/spouse & children/parents)
- Damages Available Punitive “if act was willful or the negligence gross” Compensatory – Economic (funeral/burial costs – Goes to Estate) & Noneconomic (loss of care/companionship, etc. – Goes to family)
Louisiana
- Statute: LSA-C.C. Art. 2315.2
- Statute of Limitations: 1 Year
- Who Can Bring Claim: Spouse/Children, if none –> Siblings, if none –> surviving grandparents
- Damages Available Punitive – Some exceptions (ex. If injuries caused by DWI) Compensatory – Economic (funeral/burial/medical bills) & Noneconomic (as to injury resulting from loss, i.e. loss of companionship etc.)
Maine
- Statute: 18-M.R.S.A § 2-804
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative
- Damages Available Punitive – capped at $250k Compensatory – Economic (Medical/funeral/burial costs/loss of compensations/loss of expected wages) Noneconomic – capped at $500k (loss of comfort, society, companionship/Emotional Distress
Maryland
- Statute: MD Code § 3-904
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Spouse/Parent/Children, if none –> Any person related by blood or marriage
- Damages Available Compensatory – Economic (Lost wages/medical, funeral, and burial costs) & Noneconomic (loss of society, comfort, marital care, guidance/Emotional Pain and suffering
Massachusetts
- Statute: M.C.L.A § 2
- Statute of Limitations:3 Years
- Who Can Bring Claim: Executor/Administrator
- Damages Available Punitive – not less than $5k if death caused by malicious/reckless conduct or gross negligence. Compensatory – Economic (funeral, medical, burial costs/loss of expected wages) Noneconomic (loss of services/care/assistance/society/companionship/guidance
Michigan
- Statute: M.C.L.A. § 600.2922
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Personal Representative
- Damages Available Compensatory – Economic (Medical, Funeral, burial costs/loss of financial support) Noneconomic (loss of companionship/Pain & Suffering of deceased)
Minnesota
- Statute: M.S.A. § 573.02
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Trustee appointed by written petition by surviving spouse or one of the next of kin
- Damages Available Punitive – Pursuant to § 549.20 Compensatory – Economic (reasonable funeral, burial, medical costs/loss of income, wages, benefits) & Noneconomic (sorrow, mental anguish)
Mississippi
- Statute: Miss. Code Ann. § 11-7-13
- Statute of Limitations: 1 Year (intentional act), 3 Years (negligence)
- Who Can Bring Claim: Surviving Spouse/Children/Siblings
- Damages Available Compensatory – “such damages allowable by law as the jury may determine to be just, taking into consideration all the damages of every kind to the decedent and all damages of every kind to any and all parties interested in the suit.” (Medical/funeral/burial expenses)
Missouri
- Statute: V.A.M.S. § 537.080
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Surviving Spouse, children, or grandchildren
- Damages Available Punitive – Mitigating circumstances Compensatory – Economic (funeral/medical bills) & Noneconomic (Loss of consortium/comfort/guidance)
Montana
- Statute: MCA 27-1-513
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Personal Representative
- Damages Available Compensatory – Economic & Non-Economic damages may be awarded
Nebraska
- Statute: Neb.Rev.St. § 30-809
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Legal Representative of deceased’s estate
- Damages Available Compensatory – Economic (medical, funeral, burial costs/lost compensation) & Noneconomic (pain and suffering/loss of companionship
Nevada
- Statute: N.R.S. 41.085
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Heirs/Personal Representative of deceased
- Damages Available Punitive – Estate Claim – Damages/medical/funeral costs. Compensatory – Family Claim – Loss of support, companionship/pain & suffering of descendant
New Hampshire
- Statute: N.H. Rev. Stat. § 556:19
- Statute of Limitations: 6 Years
- Who Can Bring Claim: Any person interested in the estate of a person deceased may begin an action as administrator
- Damages Available Compensatory – Economic (Reasonable expense on estate/lost wages) & Noneconomic (Loss of comfort/companionship –> only for SPOUSE & max $150k/Loss of familial relationship –> only for children & max $50k/claimant)
New Jersey
- Statute: N.J.S.A. 2A:31-1/31-2/31-3/31-4/31-5/31-6
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Administrator/Executor of Will (Damages go to Dependents & those inheriting from descendant)
- Damages Available Compensatory – Economic (Hospital, Medical, Funeral Expenses) & Noneconomic (Loss of companionship/support)
New Mexico
- Statute: N.M.S.A. § 41-2-1/41-2-2/41-2-3/41-2-4
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Personal Representative (damages distributed to estate/spouse & children/parents/Siblings)
- Damages Available Punitive – “having regard to the mitigating and aggravating circumstances,” & “the jury…may give such damages, compensatory and exemplary.” Compensatory – Economic (medical, funeral, burial expenses) & Noneconomic (Mental Anguish caused by death/Pain & Suffering deceased suffered/loss of companionship)
New York
- Statute: EPTL § 5-4.1/5-4.2/5-4.3
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative
- Damages Available Compensatory – Economic (Medical, Funeral, Burial costs/lost wages between final injury and death of deceased/Pain & Suffering of deceased/value of lost services)
North Carolina
- Statute: N.C.G.S.A. § 28A-18-2
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative
- Damages Available Punitive – pursuant to Chap. 1D of General Statutes. Compensatory – Economic (medical, funeral, burial costs/present monetary value of decedent to persons entitled to receive damages –> loss of services/loss of net income) & Noneconomic (loss of society/companionship)
North Dakota
- Statute: NDCC § 32-21-01/32-21-02/31-21-03/31-21-04/31-21-05/31-21-06
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Surviving Spouse/Children/Parents/Personal Representative/Person who had primary physical custody of decedent before wrongful act
- Damages Available Compensatory – Economic (Medical, funeral, burial costs/loss of earnings, income/loss of employment benefits) & Noneconomic (Pain& Suffering/Mental & Emotional Distress/Loss of consortium/loss of companionship)
Ohio
- Statute: R.C. § 2125.01/2125.02/2124.03/2125.04
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative (for benefit of: Spouse/Children/Parents)
- Damages Available Compensatory – Economic (Funeral, burial, medical costs/loss of financial support/loss of services) & Noneconomic (Mental Anguish/loss of companionship, care)
Oklahoma
- Statute: 12 Okl.St.Ann. § 1052/1053
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative
- Damages Available Punitive – pursuant to Sec. 9.1 of Title 23 of Oklahoma Statutes Compensatory– Economic (medical, funeral, burial costs/loss of financial support/loss of wages, benefits) & Noneconomic (loss of consortium/Pain & Suffering of decedent)
Oregon
- Statute: O.R.S. § 30.020
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Personal Representative OR one who may benefit under such a claim (surviving spouse/children/parents)
- Damages Available Punitive – in some cases Compensatory – Economic (Medical, funeral, burial costs/loss of income, wages, benefits/loss of financial support) & Noneconomic (Pain & Suffering of decedent/Loss of companionship)
Pennsylvania
- Statute: Pa.C.S.A. § 8301
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Spouse/Children/Parents/Personal representative
- Damages Available Compensatory – Economic (medical, funeral, burial costs/lost wages, benefits) & Noneconomic (loss of companionship, society/pain & suffering of decedent)
Rhode Island
- Statute: Gen. Laws 1956, § 10-7 (Chap. 7 – Death by Wrongful Act)
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Executor/Administrator (in benefit of spouse/children/parents)
- Damages Available Punitive – pursuant to § 10-7-7.1 Compensatory – Economic (lost wages/loss of services to house/funeral, medical, burial costs) & Noneconomic (loss of consortium/loss of companionship/Pain & Suffering of decedent)
South Carolina
- Statute: Code 1976 § 15-51-10
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Spouse/Children, if none –> Siblings, if none –> surviving parents
- Damages Available Punitive – “if act was result of recklessness/malice” Compensatory – Economic (medical, funeral, burial costs/loss of wages, income, benefits) & Noneconomic (mental anguish & suffering/loss of companionship)
South Dakota
- Statute: SDCL § 21-5-1/21-5-2/21-5-3/21-5-4/21-5-5/21-5-6/21-5-7/21-5-8/21-5-9
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Personal Representative (benefit of Spouse/Children/Parents
- Damages Available Compensatory – Economic (loss of value of household service/loss of value of financial support/medical, funeral, burial expenses/lost wages, benefits) & Noneconomic (loss of companionship, etc.)
Tennessee
- Statute: T.C.A. § 20-5-106
- Statute of Limitations: 1 Year
- Who Can Bring Claim: Personal Representative/Spouse/Children/Parents
- Damages Available Compensatory – Economic (funeral, burial, medical costs/loss of earning capacity during period of injury and death/loss of wages) & Noneconomic (Mental & Physical Pain and Suffering of deceased/loss of companionship)
Texas
- Statute: V.T.C.A. § 71.002
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Spouse/Children/Parents/Executor/Administrator
- Damages Available Punitive – “if death was caused by willful act or gross negligence” Compensatory – Economic (lost earning capacity/lost care, services deceased would have provided) & Noneconomic (lost companionship/mental and emotional pain and suffering)
Utah
- Statute: U.C.A. 1953 § 78B-3-106
- Statute of Limitations: 1-2 Years Depending
- Who Can Bring Claim: Heirs/Personal Representative
- Damages Available Compensatory – Economic (funeral, burial, medical costs/lost wages) & Noneconomic (Pain & suffering of family members/loss of care, companionship)
Vermont
- Statute: 14 V.S.A § 1492
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative
- Damages Available Compensatory – Economic (Lost wages/medical, funeral, burial costs/loss of household service, chores) & Noneconomic (loss of companionship)
Virginia
- Statute: VA Code Ann. § 8.01-50
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Spouse/Children/Parent/Any heir
- Damages Available Punitive – if there was willful or wanton conduct Compensatory – Economic (medical, funeral, burial costs/loss of income, services, benefits) & Noneconomic (sorrow, mental anguish, solace –> includes companionship, etc.)
Washington
- Statute: RCWA 4.20.020
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Personal Representative (on behalf of spouse/children/parents)
- Damages Available Compensatory – Economic (medical, funeral, burial expenses/lost wages) & Noneconomic (pain & suffering of deceased/loss of care, companionship)
West Virginia
- Statute: W.Va. Code § 55-7-5
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative (on behalf of spouse/children/parents)
- Damages Available Compensatory – Economic (loss of income/medical, funeral, burial costs) & Noneconomic (loss of services, protection, care, assistance/sorrow, mental anguish, solace –> includes companionship, guidance, etc.)
Wisconsin
- Statute: W.S.A 895.03
- Statute of Limitations: 3 Years
- Who Can Bring Claim: Personal Representative
- Damages Available Punitive – pursuant to W.S.A. 895.043 Compensatory – Economic (medical, burial, funeral costs/loss of income, financial losses etc.) & Noneconomic (Loss of society, companionship –>max $350k for deceased adult/max $500k for deceased child)
Wyoming
- Statute: W.S.1977 § 1-38-102
- Statute of Limitations: 2 Years
- Who Can Bring Claim: Personal Representative (on behalf of beneficiaries who have sustained damage)
- Damages Available Punitive – “as deemed fair & just” Compensatory – Economic (funeral, burial, medical cost/loss of wages, income) & Noneconomic (pain &suffering of deceased/loss of companionship)
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