Wrongful death damages
In plain English: wrongful death damages are compensation paid to the family or estate of someone killed by another person's negligence or wrongful act. They cover the financial support the family has lost, funeral costs and, in most places, some recognition of their grief.
Who can claim
This is set by statute, and the lists differ. In most US states, the claim is brought by the personal representative of the estate, or by close family such as a spouse, children and sometimes parents. In England and Wales, the Fatal Accidents Act 1976 lets "dependants" claim, a group that includes spouses, civil partners, cohabitants of at least two years, children and parents. In Scotland, the Damages (Scotland) Act 2011 lets a wide range of relatives claim. Canadian provinces each have their own legislation, such as Ontario's Family Law Act or a provincial Fatal Accidents Act.
What families can recover
- Loss of financial support: the income the person would have contributed to the household over their working life.
- Loss of services: childcare, housework, DIY and help the person gave that now has to be paid for.
- Funeral and burial costs.
- Loss of companionship and guidance, in the US and Canada, and in Scotland as loss of society.
- Bereavement damages in England and Wales: a fixed statutory sum, paid only to a limited group of close relatives.
- The deceased's own claim: their pain before death, medical bills and lost earnings up to death, brought by the estate. In the US this is often a separate survival action.
How the amounts are worked out
The financial part looks at what the person earned, how much of it went to the family, how long they'd likely have worked, and what services they provided. It's then reduced to present value. In the US, juries have wide discretion over non-economic losses, subject to any state caps. The UK approach to grief is far more limited: outside Scotland, bereavement damages are a single fixed amount, however close the relationship.
Many US states allow two years from the date of death, and some less. In the UK, fatal accident claims generally have three years from death or from the date of knowledge. Ontario's basic limitation period is two years. Grief takes time, but get advice early so the deadline doesn't pass while you're coping.
If you're dealing with this now
You don't need to sort everything at once. Keep the death certificate, any police or coroner's reports, the funeral bills, and the person's recent payslips or tax returns. An inquest (England and Wales), fatal accident inquiry (Scotland) or coroner's investigation (Canada) may happen before any claim is resolved. A lawyer who handles fatal claims can deal with the insurer so you don't have to.
Next: loss of consortium · limitation periods · hiring an accident lawyer.
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General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer