Losing a loved one is an emotionally devastating experience. The grief can be all-consuming. But when that loss was sudden, unexpected, and caused by the negligence or intentional act of another, the pain is often mixed with confusion, anger, and a deep need for answers.
During this unimaginable time, the legal system provides a path for justice and financial stability for the surviving family members. This is called a “wrongful death lawsuit.”
This guide will explain what a wrongful death claim is, who is eligible to file one, what you must prove, and what types of compensation are available.
Disclaimer: This is a guide for informational purposes only and is not a substitute for legal advice. This is one of the most complex areas of law, and you should speak with a qualified wrongful death attorney for a confidential consultation about your specific situation.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim—it is separate from any criminal charges.
A perfect example is a drunk driving accident. The state may bring criminal charges (like manslaughter) against the drunk driver, which can result in jail time.
Separately, the family of the person killed can file a civil lawsuit for wrongful death against that same driver. The purpose of this civil case is not to seek jail time, but to recover financial compensation for the family’s losses.
In a wrongful death claim, the burden of proof is lower than in a criminal case. You don’t need to prove guilt “beyond a reasonable doubt.” Instead, you must show that it is “more likely than not” (a “preponderance of the evidence”) that the defendant’s negligence caused the death.
Who Can File a Wrongful Death Claim?
This is one of the most important and misunderstood parts of a wrongful death case. Not just any grieving relative can file the lawsuit. State laws are very specific about who has the legal right to take this action.
In most states, the claim must be filed by the “personal representative” (or “executor”) of the deceased person’s estate. This representative is often named in the deceased’s will. If there is no will, the court will appoint one, usually the surviving spouse or an adult child.
This personal representative files the lawsuit on behalf of the surviving family members (the “beneficiaries”). The beneficiaries who can receive compensation typically include:
- The surviving spouse
- Minor and adult children
- Surviving parents (especially if the deceased was a minor)
- Domestic partners (in some states)
- Other financially dependent relatives
What Do You Need to Prove in a Wrongful Death Case?
To win a wrongful death lawsuit, your attorney must prove four key legal elements:
- Duty of Care: You must show that the person or entity you are suing (the “defendant”) owed a legal “duty of care” to the person who died. (e.g., A doctor has a duty to provide competent medical care; a driver has a duty to obey traffic laws).
- Breach of Duty: You must prove that the defendant breached, or violated, that duty. (e.g., The doctor made a surgical error; the driver was texting).
- Causation: This is the most critical link. You must prove that the defendant’s breach of duty directly caused the death.
- Damages: You must show that the death resulted in specific, calculable financial and non-financial losses to the family.
Common Examples of Wrongful Death Cases
Wrongful death claims can arise from almost any situation involving negligence:
- Auto Accidents: Collisions caused by drunk, distracted, or reckless drivers. This also includes truck, motorcycle, and pedestrian accidents.
- Medical Malpractice: Fatal errors by doctors, surgeons, or hospitals, such as a misdiagnosis, surgical mistake, or anesthesia error.
- Workplace Accidents: These are often complex, but a claim may be possible if the death was caused by a third party’s negligence (not the direct employer) or from an intentionally unsafe environment.
- Defective Products: A faulty product (like a defective airbag, a dangerous medication, or a flawed piece of machinery) that causes a death.
- Premises Liability: A death caused by a property owner’s failure to maintain a safe environment (e.g., negligent security at an apartment complex, a fatal fall due to a broken railing).
What Compensation (Damages) Can Be Recovered?
While no amount of money can ever replace a loved one, a settlement is designed to ease the devastating financial burdens that a family faces after a loss.
Compensation is split into two categories:
1. Economic Damages (Calculable Losses)
- Loss of Future Income: The money the deceased would have earned over their lifetime.
- Loss of Benefits: The value of lost health insurance, pensions, or other benefits.
- Medical Bills: The cost of all medical care the deceased received before they passed away.
- Funeral and Burial Expenses: The full, reasonable cost of the funeral.
- Loss of Services: The value of the services the deceased provided, such as childcare, home maintenance, and financial management.
2. Non-Economic Damages (Human Losses)
- Loss of Consortium: The loss of the love, companionship, comfort, and guidance of the deceased.
- Mental Pain and Suffering: The grief and emotional anguish suffered by the surviving family members.
- Loss of Parental Guidance: For surviving children, this compensates for the loss of a parent’s guidance and nurturing.
How Long Do You Have to File?
Every state has a strict deadline for filing a wrongful death lawsuit, known as the “Statute of Limitations.” In many states, this is only two or three years from the date of death.
This deadline is absolute. If you try to file a claim even one day after the statute of limitations has expired, your case will be dismissed forever. It is critically important to speak to an attorney as soon as possible to protect your rights.
Why You Must Speak to an Attorney
Wrongful death cases are among the most difficult and high-stakes in the legal field. They are not something a family can or should handle alone.
Insurance companies fight these claims aggressively. Proving the case requires gathering complex evidence, hiring experts (like economists to calculate lost income and accident reconstructionists), and navigating a complex legal system.