If you're here because someone you love didn't come home after a big rig accident, we're sorry. Maybe they were driving the family car. Maybe they were the one behind the wheel of the truck. Either way, you're probably dealing with a funeral, bills and phone calls from insurance adjusters all at once.

Every state has a wrongful death cause of action. It lets surviving family hold the responsible parties accountable and recover compensation. It's separate from, and in addition to, any criminal case that gets brought.

Who can file a wrongful death claim

Family's hands resting together on a kitchen table in soft window light

Who qualifies varies by state. It commonly includes a spouse, children, parents (especially for an unmarried adult with no children) and sometimes other people who depended on the deceased financially. Many states require the personal representative of the estate to bring the claim on behalf of those family members.

Each state sets its own wrongful death deadline, and it's often shorter than the regular personal injury statute of limitations. Check our filing deadlines by state page.

Damages recoverable in a wrongful death claim

Empty chair at a family dinner table set for a meal in evening light
  • Funeral and burial expenses
  • Medical expenses from the time of the accident until death
  • Lost financial support: the income and benefits the person would have provided over their expected working life
  • Loss of companionship, guidance and consortium for a spouse and children
  • The deceased's pain and suffering before death, in many states, through a related "survival action"
  • Punitive damages in cases of egregious conduct, like a fatigued or impaired driver with a documented history of violations

If the person you lost was a trucker, the lost-support number comes from their paperwork. Gather their settlement sheets, pay stubs, per-mile rate history, 1099s or W-2s and tax returns. Those records show what they brought home, and they're the starting point for projecting what your family lost over the rest of their working years.

Why these cases require full investigation

Investigator's gloved hands downloading truck data to a laptop inside a secured tow yard

After a fatal crash, the trucking company's rapid-response investigators and its insurer usually show up fast. Their job is to limit what the company owes. The truck's black box data, driver logs and maintenance records need to be preserved right away. See FMCSA regulations & evidence and who can be held liable.

Which of the common causes of big rig accidents was behind the crash often decides which parties can be pursued.

If you've lost a family member in a big rig accident, a free, confidential case review can walk you through your options. There's no obligation.