When a pedestrian accident results in death, surviving family members face devastating grief compounded by sudden financial hardship. Wrongful death claims provide a legal mechanism for families to seek compensation for their losses and hold negligent drivers accountable for taking a life.
Who Can File a Wrongful Death Claim
State laws determine who has legal standing to bring wrongful death claims. Most states authorize immediate family members—spouses, children, and parents of unmarried children—to file claims. Some states expand standing to include domestic partners, siblings, grandparents, or anyone financially dependent on the deceased.
Claims may be filed by individual family members or by the estate's personal representative on behalf of all eligible survivors. Understanding your state's specific requirements is essential, as procedural errors can jeopardize claims.
Types of Wrongful Death Damages
Wrongful death damages compensate families for both economic and non-economic losses. Economic damages include the deceased's lost future income and benefits, loss of household services and support, funeral and burial expenses, and medical expenses incurred before death.
Non-economic damages address the profound personal losses families suffer: loss of companionship, guidance, and consortium; loss of parental care and nurturing for minor children; emotional pain and suffering of survivors; and loss of the deceased's love, affection, and protection.
Some states allow recovery of the deceased's pain and suffering experienced between injury and death through a separate survival action.
Valuing a Lost Life
Calculating wrongful death damages requires projecting what the deceased would have contributed to the family over their expected lifetime. Economist experts calculate lost income by considering the victim's age, education, earning history, career trajectory, and work life expectancy.
The value of household services—childcare, home maintenance, transportation—is calculated separately. Non-economic damages vary significantly by jurisdiction, with some states imposing caps while others allow juries broad discretion.
Challenges in Pedestrian Wrongful Death Cases
Defendants in wrongful death cases cannot testify, leaving families to prove liability through other evidence. Witness statements, traffic camera footage, accident reconstruction, and physical evidence become crucial. Police reports and citations provide important documentation.
Defense attorneys may attempt to shift blame to the deceased—claiming the pedestrian was jaywalking, distracted, or intoxicated. Comparative fault may reduce but typically does not bar recovery in wrongful death cases. Aggressive investigation preserves evidence to counter these defenses.
Statute of Limitations Considerations
Wrongful death claims have specific statutes of limitations that vary by state—typically two to three years from the date of death. Some states have shorter periods for claims against government entities. Missing these deadlines bars recovery entirely.
Family members dealing with grief may not immediately consider legal action, but prompt consultation with an attorney protects rights and ensures evidence is preserved while memories remain fresh.
Distribution of Wrongful Death Proceeds
How wrongful death proceeds are divided among family members varies by state law. Some states specify statutory formulas based on relationship. Others allow courts discretion based on each survivor's dependency and loss. Estate administration may be required.
Understanding distribution rules helps families coordinate claims and avoid disputes during an already difficult time.
If you have lost a loved one in a pedestrian accident, an experienced wrongful death attorney can guide you through the legal process while you focus on grieving and healing.