Wrongful Death Lawyer

Only certain family members can file. In California, wrongful death claims can be brought by the surviving spouse or domestic partner, children, and in some cases grandchildren or other dependents. In Nevada, the personal representative of the estate files on behalf of heirs. In Texas, the surviving spouse, children, and parents of the deceased have the right to file. Each state defines who qualifies differently, so consulting an attorney early is critical.

Time limits apply. Every state has a statute of limitations for wrongful death claims. In California, the deadline is generally 2 years from the date of death. In Nevada, it is also 2 years. In Texas, the filing deadline is likewise 2 years. Missing this window typically means losing the right to pursue the claim entirely.

Negligence must be proven. To succeed, your attorney must show that the at fault party owed a duty of care, breached that duty, and that the breach directly caused the death. This applies whether the death resulted from a car crash, medical malpractice, a workplace incident, a defective product, or another preventable cause.

Damages account for both financial and personal losses. Families can recover funeral and burial expenses, lost income and future earnings the deceased would have provided, loss of companionship, guidance, and emotional support, and in some states, punitive damages when the conduct was especially reckless or malicious.

Insurance companies move fast after a death. Adjusters may contact your family within days, offering settlements that seem generous but fall far short of what your claim is worth. Never accept an offer or sign a release before speaking with a wrongful death attorney who can assess the full value of your loss.