Who can file a wrongful death lawsuit in the US?
Each state defines who may sue. Typically: the surviving spouse, children, and parents of the deceased. Some states allow other dependants or the estate to sue. The lawsuit is typically filed by the personal representative of the estate on behalf of the beneficiaries.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the survivors for their own losses (loss of financial support, companionship). A survival action is brought by the estate and compensates for losses the deceased suffered before death — pain and suffering, medical bills, and lost wages from the injury to death. Many states allow both.
What damages can be recovered in a wrongful death case?
Economic: lost financial support, lost benefits, funeral/burial costs, medical expenses between injury and death. Non-economic: loss of consortium (spouse), loss of parental guidance (children), grief and mental anguish (allowed in some states). Punitive damages may be available if the defendant's conduct was egregious.