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Wrongful Death Law Information by State

State Statute	Ala.Code 1975 § 6-5-410	AS § 09.55.580.	ARS § 12-611/612/613	A.C.A § 16-62-102	Cal.C.C.P § 377.60	C.R.S.A § 13-21-202	C.G.S.A § 52-555	Del.C. § 3724	DC ST § 16-2701	F.S.A § 768.16-768.28	Ga. Code Ann., § 51-4-1 –> 51-4-6	HRS § 663-3	I.C § 5-311	740 ILCS 180/1	IC 34-23-1-1	I.C.A § 611.20/611.21/611.22/633.336	K.S.A. § 60-1901/1902/1903/1904/1905/1906	KRS § 411.130	LSA-C.C. Art. 2315.2	18-M.R.S.A § 2-804	MD Code § 3-904	M.C.L.A § 2	M.C.L.A. § 600.2922	M.S.A. § 573.02	Miss. Code Ann. § 11-7-13	V.A.M.S. § 537.080	MCA 27-1-513	Neb.Rev.St. § 30-809	N.R.S. 41.085	N.H. Rev. Stat. § 556:19	N.J.S.A. 2A:31-1/31-2/31-3/31-4/31-5/31-6	N.M.S.A. § 41-2-1/41-2-2/41-2-3/41-2-4	EPTL § 5-4.1/5-4.2/5-4.3	N.C.G.S.A. § 28A-18-2	NDCC § 32-21-01/32-21-02/31-21-03/31-21-04/31-21-05/31-21-06	R.C. § 2125.01/2125.02/2124.03/2125.04	12 Okl.St.Ann. § 1052/1053	O.R.S. § 30.020	Pa.C.S.A. § 8301	Gen. Laws 1956, § 10-7 (Chap. 7 – Death by Wrongful Act)	Code 1976 § 15-51-10	SDCL § 21-5-1/21-5-2/21-5-3/21-5-4/21-5-5/21-5-6/21-5-7/21-5-8/21-5-9	T.C.A. § 20-5-106	V.T.C.A. § 71.002	U.C.A. 1953 § 78B-3-106	14 V.S.A § 1492	VA Code Ann. § 8.01-50	RCWA 4.20.020	W.Va. Code § 55-7-5	W.S.A 895.03	W.S.1977 § 1-38-102
Statute of Limitations	2 Years	2 Years	2 Years	3 Years	2 Years	2 Years	2 Years (some exceptions but no claims after 5 Years)	2 Years	2 Years	2 Years (some exceptions)	2 Years	2 Years	2 Years	1-2 Years Depending	2 Years	2 Years	2 Years (usually)	1 Year	1 Year	2 Years	3 Years	3 Years	3 Years	3 Years	1) 1 Year (intentional act) 2) 3 Years (negligence)	3 Years	3 Years	2 Years	2 Years	6 Years	2 Years	3 Years	2 Years	2 Years	3 Years	2 Years	2 Years	3 Years	2 Years	3 Years	3 Years	3 Years	1 Year	2 Years	1-2 Years Depending	2 Years	2 Years	3 Years	2 Years	3 Years	2 Years
Who Can Bring Claim	Personal Representative	Personal Representative	Personal Representative, surviving spouse, child, parent or guardian, decedents estate	Personal Representative (If none then heir at law of deceased person)	Personal Representative, Surviving spouse, domestic partner, Children or Surviving Issue	1st Year – Spouse of deceased/heirs of deceased(by letter of spouse) 2nd Year – Spouse/heirs/designated beneficiary/Mother or Father(if unmarried & no designated beneficiaries)	Executor/Administrator	a) Spouse, parent, child, & siblings of deceased b) If none who qualify under a),anyone related by blood or marriage.	Spouse/Domestic Partner (If none, then next of kin)	Personal Representative (If none then one is appointed by the court) – On behalf of spouse/children/parents/any blood relative or adoptive sibling who is partly or wholly dependent on decedent	Surviving Spouse (if none) –> Surviving Children	Deceased’s Legal Representative, spouse, reciprocal beneficiary, children, parents, or any person wholly or partly dependent upon deceased	Personal Representative, heirs, spouse, children, stepchildren, parents, and those wholly or partially dependent on decendant	Personal Representative, Spouse, Next of Kin	Personal Representative MUST bring case (damages can be distributed to widow/widower/dependent children	Personal Representative of Estate/spouse/children/parents	“Heirs at Law of Deceased” (Usually means surviving spouse/children/parent/siblings)	Personal Representative (damages distributed to estate/spouse & children/parents)	Spouse/Children, if none –> Siblings, if none –> surviving grandparents	Personal Representative	Spouse/Parent/Children, if none –> Any person related by blood or marriage	Executor/Administrator	Personal Representative	Trustee appointed by written petition by surviving spouse or one of the next of kin	Surviving Spouse/Children/Siblings	Surviving Spouse, children, or grandchildren	Personal Representative	Legal Representative of deceased’s estate	Heirs/Personal Representative of deceased	Any person interested in the estate of a person deceased may begin an action as administrator	Administrator/Executor of Will (Damages go to Dependents & those inheriting from decendant)	Personal Representative (damages distributed to estate/spouse & children/parents/Siblings)	Personal Representative	Personal Representative	Surviving Spouse/Children/Parents/Personal Representative/Person who had primary physical custody of decedent before wrongful act	Personal Representative (for benefit of: Spouse/Children/Parents)	Personal Representative	Personal Representative OR one who may benefit under such a claim (surviving spouse/children/parents)	Spouse/Children/Parents/Personal representative	Executor/Administrator (in benefit of spouse/children/parents)	Spouse/Children, if none –> Siblings, if none –> surviving parents	Personal Representative (benefit of Spouse/Children/Parents	Personal Representative/Spouse/Children/Parents	Spouse/Children/Parents/Executor/Administrator	Heirs/Personal Representative	Personal Representative	Spouse/Children/Parent/Any heir	Personal Representative (on behalf of spouse/children/parents)	Personal Representative (on behalf of spouse/children/parents)	Personal Representative	Personal Representative (on behalf of beneficiaries who have sustained damage)
Damages Available	Punitive – Alabama solely focused on the behavior of wrongdoer and not so much compensating a loss of injured parties.	Compensatory – Deprivation of expectation of pecuniary benefits/Loss of contributions for support/loss of assistance/loss of consortium/loss of prospective training & education/medical & funeral expenses	Punitive – Mitigating circumstances Compensatory – very broad “Fair and just w/reference to injury. Includes financial dependency of the survivors/historical earnings of deceased & future earnings/Medical, Funeral, & Burial Costs/Value of emotional damage & Loss	Compensatory – 2 Types of Claim: 1) Estate Claim = funeral & burial costs/medical bills/Pain & Suffering of deceased/loss of value of deceased’s life including wages he or she was likely to earn. 2) Family Claim = loss of financial support of deceased/loss of Household Services/Loss of care, comfort etc.	Compensatory – Damages not in 377.34 (i.e. damages that would occur after death) financial support contributed by deceased/loss of gifts or benefits to heirs could have expected/Funeral & Burial Expenses/Companionship/Affection etc.	Punitive – Exemplary Damages taking into account aggravating circumstances. Compensatory – Economic Loss (medical/funeral bills) & Noneconomic Loss (Pain & Suffering/emotional stress/loss of companionship etc.)	Compensatory – Economic (medical/funeral bills) & Noneconomic (Pain and Suffering/loss of enjoyment of life activities/loss of income) Punitive – damages can be doubled or tripled according to C.G.S.A. § 14-295(when recklessly operating motor vehicle)	Compensatory – Economic (reasonable funeral costs not more than $7k/loss of expectation of pecuniary benefits/loss of contributions for support/loss of parental, marital, & household services including cost of caring for minor child) & Noneconomic (mental anguish for beneficiaries under (a)	Compensatory (based on injury suffered by beneficiary from untimely loss of family) – Economic (funeral costs/medical costs/ lost wages and benefits/other contributions the deceased would likely have made)	Compensatory – 2 Types of Claim: 1) Estate Claim = lost wages & benefits deceased would’ve made/lost prospective net accumulations of estate/medical & funeral expenses paid by estate. 2) Family Claim = value of lost support & services/medical & funeral expenses/loss of companionship/mental and emotional Pain & Suffering.	Compensatory – 2 Types of Claim: 1) Estate Claim = funeral, medical, & other necessary expenses resulting from injury. 2) Family Claim = full value of life of deceased (lost wages, & benefits including what deceased might have reasonably earned/loss of care, companionship, & other intangible benefits)	Compensatory – 2 Types of Claims: 1) Estate Claim = reasonable expenses of the deceased’s last illness and burial (funeral, burial, and medical costs/lost wages) 2) Family/Beneficiary Claims = loss of society, companionship, or comfort/loss of marital care, attention, or advice/loss of care/loss of filial care/loss of parental care, training, or education	Compensatory – Economic (medical, funeral, & burial/loss of financial support by family members who relied on deceased/loss of the reasonable value of household services deceased provided) & Noneconomic (loss of “care, comfort, and society”)	Compensatory – Economic damages (medical, funeral, & burial costs) & Noneconomic (grief, sorrow, & mental suffering)	Compensatory – Economic (medical, hospital, funeral, & burial costs –> Go to estate) (lost wages, & benefits etc. –> go to widow/widower/dependent children	Compensatory – Depends on who bring claims. Estate = medical/funeral expenses/lost wages.	Compensatory – Economic (funeral/burial/medical/lost wages/value of household services) & Noneconomic – capped at $250k (mental anguish/loss of society, companionship/loss of marital care, attention/loss of filial care attention/loss of parental care	Punitive – “if act was willful or the negligence gross” Compensatory – Economic (funeral/burial costs – Goes to Estate) & Noneconomic (loss of care/companionship, etc. – Goes to family)	Punitive – Some exceptions (ex. If injuries caused by DWI) Compensatory – Economic (funeral/burial/medical bills) & Noneconomic (as to injury resulting from loss, i.e. loss of companionship etc.)	Punitive – capped at $250k Compensatory – Economic (Medical/funeral/burial costs/loss of compensations/loss of expected wages) Noneconomic – capped at $500k (loss of comfort, society, companionship/Emotional Distress	Compensatory – Economic (Lost wages/medical, funeral, and burial costs) & Noneconomic (loss of society, comfort, marital care, guidance/Emotional Pain and suffering	Punitive – not less than $5k if death caused by malicious/reckless conduct or gross negligence. Compensatory – Economic (funeral, medical, burial costs/loss of expected wages) Noneconomic (loss of services/care/assistance/society/companionship/guidance	Compensatory – Economic (Medical, Funeral, burial costs/loss of financial support) Noneconomic (loss of companionship/Pain & Suffering of deceased)	Punitive – Pursuant to § 549.20 Compensatory – Economic (reasonable funeral, burial, medical costs/loss of income, wages, benefits) & Noneconomic (sorrow, mental anguish)	Compensatory – “such damages allowable by law as the jury may determine to be just, taking into consideration all the damages of every kind to the decedent and all damages of every kind to any and all parties interested in the suit.” (Medical/funeral/burial expenses)	Punitive – Mitigating circumstances Compensatory – Economic (funeral/medical bills) & Noneconomic (Loss of consortium/comfort/guidance)	Compensatory – Economic & Non-Economic damages may be awarded	Compensatory – Economic (medical, funeral, burial costs/lost compensation) & Noneconomic (pain and suffering/loss of companionship	1) Estate Claim – Punitive Damages/medical/funeral costs. 2) Family Claim – Loss of support, companionship/pain & suffering of decendant	Compensatory – Economic (Reasonable expense on estate/lost wages) & Noneconomic (Loss of comfort/companionship –> only for SPOUSE & max $150k/Loss of familial relationship –> only for children & max $50k/claimant)	Compensatory – Economic (Hospital, Medical, Funeral Expenses) & Noneconomic (Loss of companionship/support)	Punitive – “having regard to the mitigating and aggravating circumstances,” & “the jury…may give such damages, compensatory and exemplary.” Compensatory – Economic (medical, funeral, burial expenses) & Noneconomic (Mental Anguish caused by death/Pain & Suffering deceased suffered/loss of companionship)	Compensatory – Economic (Medical, Funeral, Burial costs/lost wages between final injury and death of deceased/Pain & Suffering of deceased/value of lost services)	Punitive – pursuant to Chap. 1D of General Statutes. Compensatory – Economic (medical, funeral, burial costs/present monetary value of decedent to persons entitled to receive damages –> loss of services/loss of net income) & Noneconomic (loss of society/companionship)	Compensatory – Economic (Medical, funeral, burial costs/loss of earnings, income/loss of employment benefits) & Noneconomic (Pain& Suffering/Mental & Emotional Distress/Loss of consortium/loss of companionship)	Compensatory – Economic (Funeral, burial, medical costs/loss of financial support/loss of services) & Noneconomic (Mental Anguish/loss of companionship, care)	Punitive – pursuant to Sec. 9.1 of Title 23 of Oklahoma Statutes Compensatory – Economic (medical, funeral, burial costs/loss of financial support/loss of wages, benefits) & Noneconomic (loss of consortium/Pain & Suffering of decedent)	Punitive – in some cases Compensatory – Economic (Medical, funeral, burial costs/loss of income, wages, benefits/loss of financial support) & Noneconomic (Pain & Suffering of decedent/Loss of companionship)	Compensatory – Economic (medical, funeral, burial costs/lost wages, benefits) & Noneconomic (loss of companionship, society/pain & suffering of decedent)	Punitive – pursuant to § 10-7-7.1 Compensatory – Economic (lost wages/loss of services to house/funeral, medical, burial costs) & Noneconomic (loss of consortium/loss of companionship/Pain & Suffering of decedent)	Punitive – “if act was result of recklessness/malice” Compensatory – Economic (medical, funeral, burial costs/loss of wages, income, benefits) & Noneconomic (mental anguish & suffering/loss of companionship)	Compensatory – Economic (loss of value of household service/loss of value of financial support/medical, funeral, burial expenses/lost wages, benefits) & Noneconomic (loss of companionship, etc.)	Compensatory – Economic (funeral, burial, medical costs/loss of earning capacity during period of injury and death/loss of wages) & Noneconomic (Mental & Physical Pain and Suffering of deceased/loss of companionship)	Punitive – “if death was caused by willful act or gross negligence” Compensatory – Economic (lost earning capacity/lost care, services deceased would have provided) & Noneconomic (lost companionship/mental and emotional pain and suffering)	Punitive Compensatory – Economic (funeral, burial, medical costs/lost wages) & Noneconomic (Pain & suffering of family members/loss of care, companionship)	Compensatory – Economic (Lost wages/medical, funeral, burial costs/loss of household service, chores) & Noneconomic (loss of companionship)	Punitive – if there was willful or wanton conduct Compensatory – Economic (medical, funeral, burial costs/loss of income, services, benefits) & Noneconomic (sorrow, mental anguish, solace –> includes companionship, etc.)	Compensatory – Economic (medical, funeral, burial expenses/lost wages) & Noneconomic (pain & suffering of deceased/loss of care, companionship)	Compensatory – Economic (loss of income/medical, funeral, burial costs) & Noneconomic (loss of services, protection, care, assistance/sorrow, mental anguish, solace –> includes companionship, guidance, etc.)	Punitive – pursuant to W.S.A. 895.043 Compensatory – Economic (medical, burial, funeral costs/loss of income, financial losses etc.) & Noneconomic (Loss of society, companionship –>max $350k for deceased adult/max $500k for deceased child)	Punitive – “as deemed fair & just” Compensatory – Economic (funeral, burial, medical cost/loss of wages, income) & Noneconomic (pain &suffering of deceased/loss of companionship)

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Significant Case Results

$3,188,804 Awarded - Sexually abused 40 years ago as a seven year old child.

Outcome: Plaintiff's Verdict of $2,750,000 Dawn Andalora v. Joseph Falanga A Willimantic, CT jury awarded Dawn Andalora $2.75 million dollars for alleged sexual abuse. 11/05/2014 Judge Harry E Calmar issued an order awarding additional punitive damages of $438,803.95.

Bartlett Legal Group Secures $1,500,000 Settlement for 8 Year Old Boy Sexually Molested by his Dad's Boss.

Case NNH-CV17-5039765-S John Doe PPA v. Guay Roger 02/11/2019 Judgement for the Plaintiff The abuse started in 2014 when the child would accompany his father to work and continued for over two years at various locations before others became aware. The abuser is currently in prison and, to date, over $1,000,000 of his assets have been secured for the boy's benefit.

$1,000,000 Judgment for plaintiff in CT Boy Scout sexual abuse case.

John Roe #1 v. Boy Scouts of America, et al. – $1,000,000 judgment obtained against a Boy Scout scoutmaster on behalf of a young boy who suffered sexual abuse at scouting events and at a local Boy Scout camp.

$520,000 Plaintiff's verdict in slip case.

Colleen B. v. 1-3 Long Wharf Drive Personal Injury – slip wins $520,000 verdict for woman who suffered an ankle sprain and injuries to her lower back which required surgery after stepping in a depression in a parking lot.

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Jurors Impressions

Dear Attorney Bartlett, All 6 of us on that jury thought you were a great lawyer. We said that a multitude of times. We think you are a very good, organized, ‘with it’, lawyer, and all 6 of us said we’d be completely comfortable hiring you if we ever needed a lawyer. Lisa S. Juror

- Lisa S. (5 star review)