HQ Intake

Wrongful Death Intake: How Law Firms Screen and Sign These Cases

Wrongful death cases are among the highest-value claims in PI law, and also the most complex to intake correctly. Here is what every intake team needs to know.

$4.7MAverage wrongful death verdict, commercial vehicle cases
2-3 yrsTypical case timeline from intake to resolution
47 statesRestrict who can file a wrongful death claim
1-3 yrsSOL window (varies by state and defendant type)

When a caller contacts your firm about a wrongful death, the stakes are higher than almost any other intake call you will take. The decedent cannot speak for themselves. The family is grieving. And the legal and procedural requirements are more exacting than a standard personal injury case.

A wrongful death intake done wrong does not just lose the case. It can lose the case for the right client, expose the firm to bar complaints for taking the wrong claimant, or miss a statute of limitations that cannot be tolled. This guide covers what every intake agent and intake manager needs to know to handle these calls correctly.

What Makes Wrongful Death Intake Different

Standard PI intake focuses on the injured person: what happened, what are their injuries, how are they being treated. Wrongful death intake pivots immediately to a different set of concerns.

Who Has Standing to File: The Threshold Question

Before any other screening, your intake agent needs to establish whether the person calling has legal standing to bring a wrongful death claim. Most states limit standing to a defined list of beneficiaries.

Beneficiary TypeStanding in Most StatesNotes
SpouseYesNearly universal standing
Minor childrenYesAlways have standing
Adult childrenYes in most statesMay require proof of financial dependence in some states
ParentsYes (if no spouse or children)Priority order matters in many states
SiblingsLimitedTypically only if no spouse, children, or parents survive
Domestic partnerState-specificRecognized in some states, not others
GrandchildrenRarelyUsually only if children predecease the victim
Estate onlySurvival action possibleEstate representative files; separate from wrongful death claim
Critical intake risk: If you sign the wrong claimant, another family member with priority standing can file separately, creating a conflicted representation scenario that may disqualify your client entirely. Confirm standing before signing any engagement agreement.

The 10 Questions Every Wrongful Death Intake Must Ask

QUESTION 01

What was your relationship to the person who died?

Spouse, child, parent, sibling. This establishes standing before anything else. If the caller is not in the primary beneficiary class, ask if there are other surviving beneficiaries who should be involved in the decision.

QUESTION 02

When did the person pass away, and where?

The date of death starts the SOL clock in most states. The location determines which state's wrongful death statute applies, which matters for damages caps and standing rules.

QUESTION 03

What caused the death, and was a third party responsible?

Wrongful death requires negligence or an intentional act by a third party. Confirm that a defendant exists. If the death resulted from natural causes or an accident with no responsible party, no claim exists.

QUESTION 04

Was there a police report, death certificate, or incident report?

These documents are foundational. If police responded, what did the report say? If an incident report exists from a workplace, hospital, or property, was it preserved? Identify available documentation early.

QUESTION 05

Did the person survive the initial incident? If so, for how long?

If the decedent survived and experienced conscious pain and suffering before death, a survival action for that pre-death period may be available in addition to the wrongful death claim. This can significantly increase total damages.

QUESTION 06

What was the decedent's income, occupation, and age?

Economic damages in wrongful death are based on the financial support the decedent would have provided. A 35-year-old earning $120,000 annually has very different economic damages than a retired 75-year-old. This shapes case value immediately.

QUESTION 07

Who are all of the surviving beneficiaries?

Get a complete picture: surviving spouse, all children (minor and adult), parents if applicable. Multiple beneficiaries can affect damages allocation and must all be considered before signing any one claimant.

QUESTION 08

Has an estate been opened? Is there a personal representative?

In many states, only the personal representative of the estate can bring a wrongful death claim, even if surviving family members are the actual beneficiaries. If no estate has been opened, preliminary probate steps may be required before filing.

QUESTION 09

Has the family contacted any other attorneys?

Multiple family members talking to different attorneys is common in wrongful death cases, especially with disputes about who controls the claim. Identify this early so you know whether you are competing for the representation.

QUESTION 10

Is there any known insurance: defendant's liability, workers' comp, auto, or life insurance?

Confirm all potential sources of recovery. Workers' comp exclusivity rules may bar a wrongful death claim if the death was work-related. Life insurance policies are separate from the tort claim but affect family finances during litigation.

Wrongful Death Damages: What Intake Agents Need to Understand

Your intake agents do not need to calculate damages, but they need to understand what drives case value in wrongful death so they can ask the right follow-up questions and identify the highest-value cases for priority attorney review.

Damages CategoryWhat It IncludesKey Intake Questions
Economic supportLost wages, benefits, household services the decedent providedAge, income, occupation, years to retirement
Loss of companionshipLost guidance, love, comfort to spouse and childrenMinor children? Dependent spouse? Quality of relationship?
Medical expensesTreatment costs before death if decedent survived incidentHospital stay? ICU? Length of survival after incident?
Funeral and burialActual costs of funeral, burial, cremationWas a funeral held? Costs already incurred?
Pre-death pain and sufferingConscious suffering before death (survival action)Was decedent conscious? Did they express pain?
Punitive damagesEgregious conduct by defendantWas defendant drunk? Reckless? Did they flee the scene?

High-Value Wrongful Death Scenarios to Flag Immediately

Not all wrongful death cases carry the same value. Intake agents should flag these scenarios for immediate senior attorney review:

Statute of Limitations: The Non-Negotiable Priority

Every wrongful death intake should flag the SOL status before the call ends. Grief causes families to delay. They often call months or even years after the death, sometimes not understanding that a legal claim has an expiration date.

StateWrongful Death SOLNotes
California2 years from death1 year for claims against government entities
Texas2 years from deathSurvival action has the same 2-year period
Florida2 years from deathReduced from 4 years effective 2023
New York2 years from deathSurvival action has 3-year period from discovery
Illinois2 years from death5 years if death resulted from a felonious act
Georgia2 years from deathSurvival action: 2 years from date of injury
Ohio2 years from deathGovernment entity: special notice requirements apply
SOL trap: If the decedent survived the initial incident for weeks or months before dying, the wrongful death SOL runs from the date of death. But a survival action for the pre-death period may run from the date of injury. These two timelines often differ, and missing either one is malpractice. Flag both at intake.

Building a Wrongful Death Intake Protocol

Firms that handle wrongful death cases regularly benefit from a dedicated protocol, separate from general PI intake. Here is what that protocol should include:

Trauma-Informed Caller Management

Wrongful death callers are grieving. Intake agents handling these calls need training in trauma-informed communication: slower pace, more acknowledgment, tolerance for digression, and the ability to gently redirect without feeling transactional. The worst intake experience for a wrongful death family is feeling interrogated at the worst moment of their lives.

Immediate Attorney Flag

Any wrongful death inquiry should be escalated to a supervising attorney within 24 hours, even if the initial intake is incomplete. The SOL risk alone justifies this. Do not let wrongful death inquiries sit in a general queue.

Document Preservation Letter

As soon as a wrongful death case is screened as potentially viable, a preservation letter should go out to all potential defendants. In commercial vehicle cases, trucking companies are required to maintain black box data and driver logs for limited periods. This evidence disappears fast.

Conflict Check

If multiple family members contact the firm separately, run a conflict check immediately. Representing one family member when another has a competing or adverse interest is a conflict that can disqualify the entire representation.

Common Wrongful Death Intake Mistakes

Professional Wrongful Death Intake for Your Firm

HQ Intake handles wrongful death calls with trained agents who understand standing, SOL urgency, and the emotional complexity of these cases. We get you the information you need and deliver a complete intake packet to your attorney team.

Talk to HQ Intake

Frequently Asked Questions

Can more than one family member file a wrongful death claim?

Generally no. A single wrongful death action is brought on behalf of all beneficiaries. Who has the right to file, and who receives damages, depends on state law and the priority order of surviving beneficiaries. Disputes between family members about who controls the claim are common and should be identified at intake.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim is brought on behalf of the surviving family members for their own losses: lost support, companionship, guidance. A survival action is brought on behalf of the decedent's estate for losses the decedent suffered before death: medical bills, pre-death pain and suffering. Both claims may exist in the same case and are governed by different statutes.

What if the death occurred at work?

Workers' compensation typically provides the exclusive remedy for workplace deaths, meaning a wrongful death suit against the employer is barred. However, if a third party such as an equipment manufacturer, property owner, or independent contractor contributed to the death, a wrongful death claim against that third party may still be available.

How long does a wrongful death case typically take?

Most wrongful death cases resolve in 2 to 4 years. Cases with disputed liability, complex medical causation, or large corporate defendants often take longer. Insurance policy limits, defendant financial resources, and the strength of the liability evidence all affect timeline.