Who may file
The statute draws the circle: surviving spouse or domestic partner, children (and issue of deceased children), and — absent those — others who'd inherit by intestacy, plus financially dependent parents, stepchildren, and putative spouses in defined cases. One action binds all claimants, which is why families file together and early counsel prevents later conflict.
Two claims, often filed together
Wrongful death compensates the family's own losses: the support the deceased provided, the companionship, guidance, household contributions — real damages the law takes seriously. The survival action belongs to the estate: the deceased's own claim for pre-death losses, and — where conduct warrants, as in DUI cases — the punitive claim that survives them. Together they state the whole loss.
What the process actually asks of you
Less than feared, when handled right: documents, some interviews, patience. The investigation, coverage assembly (these are catastrophic-scale builds — the same stacking logic applies), and negotiation run without the family reliving the day repeatedly. Military families: line-of-duty determinations, SGLI, and survivor benefits run on separate tracks that coordinate with — never replace — the civil claim; the military-claims guide covers the intersection.
The deadlines, gently but plainly
Two years generally; six months for public-entity claims — and evidence ages regardless. Reaching out early doesn't mean deciding anything; it means the clock stops costing you options. When you're ready: the consultation is free, unhurried, and at your pace.
