If you have lost a loved one due to another party’s negligence, you want them to be held accountable. Find out the steps to a successful lawsuit.
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by Shalini Dua
Shalini has an MBA from George Washington University. She has worked in the digital content and copywriting spac...
Legally reviewed by Allison DeSantis, J.D.
Allison is the Director of Product Counsel at LegalZoom, advising and providing leadership to internal teams on the d...
Updated on: August 12, 2024 · 10 min read
A wrongful death is caused in the case where a person or entity acts negligently, carelessly, participates in criminal conduct, or takes an intentional action to cause the death. For surviving family members that have lost a loved one due to someone else’s actions, they will want to hold the responsible party accountable.
This can be done by filing a wrongful death lawsuit. In order to be successful, it is best to consult a personal injury lawyer to ensure you take the right steps when filing a claim.
A wrongful death lawsuit is a civil action that can be brought by a family member, the estate, or another survivor impacted by the death in order to receive financial compensation for loss and/or damage caused by the death. The defendant can be an individual or entity.
In the case of a wrongful death claim, the party bringing the lawsuit will need to prove:
Depending on the state in which the suit is brought, the law will vary. Each state has its own wrongful death statute outlining who may bring a wrongful death action and how long survivors have, after the death is discovered to be negligent, to file a claim for financial compensation.
The statute of limitations for bringing a wrongful death claim varies by state but is typically one to three years.
Survivors may want to bring a lawsuit to hold the defendant accountable for their actions due to the emotional impact the death of a loved one can have or due to the loss of income associated with the death.
Impacted parties allowed to bring a wrongful death action vary from state to state.
Children and spouses are able to make a wrongful death claim across all states, as are parents of minor or unmarried children.
In some states, other related individuals or dependents may be able to make a claim, particularly if they are financially impacted by the death. Varying by state, these may include:
The core components in order for a claim to qualify as a wrongful death lawsuit and prove this type of wrongdoing include the following;
There are three main types of wrongful death suits.
A purposefully caused death, as in the case of murder or an assault that leads to death. Even though this claim stems from a criminal act, a wrongful death lawsuit will always constitute a civil case.
This is the more common type and is true in the case that someone provides care below the level typically expected in a situation based on the reasonable person standard. This can be in a variety of situations. Some examples include:
In the case where a doctor acts negligently or fails their care of duty as reasonably expected, and the patient dies due to the negligence or failure, under established medical malpractice statutes, a wrongful death claim can be made. Medical complaints can be complex, so it is best to be informed and work with a lawyer to ensure you are successful in your claim.
Wrongful death lawsuits can be settled before the case goes to trial. Particularly in the case where an insurance company is involved, it may be possible to receive a wrongful death settlement without the need for a lawsuit. If there is no agreement, the case will go before a court.
Compensation awarded in the case of wrongful death will be based on several considerations based on the type of damage. If the claim is successful, plaintiffs may be awarded damages based on:
In addition to financial compensation, plaintiffs may also be awarded punitive damages in order to punish the defendant. Your personal representative can advise you based on the type of wrongful death case you are filing and the circumstances of the person's death.
Damages awarded will depend on multiple factors but typically range between $150,000 to $1.5 million, though these amounts may vary.
Compensation may be paid out as a one-time lump sum or as a structured settlement. A structured settlement allows for multiple payments over a specified period of time.
When deciding on appropriate compensation for a wrongful death claim, the considered factors include:
There are three types of damages for which plaintiffs may receive compensation.
When filing a wrongful death claim, here is how to get started with the process and what you can expect.
Anyone (or any entity) can be sued in the case of wrongful death. Some examples include:
If you want to file a wrongful death lawsuit, you need to find a legal expert in wrongful death claims specific to the type of wrongful death a loved one experienced: for example, a traffic accident or as a result of a faulty product. Lawyers usually focus on a specialty and concentrate their cases in a specific area.
As with any personal injury claim, it can take some time for the parties involved to come to terms in a wrongful death lawsuit. The length of time varies but these types of cases can be settled within months, or may last for multiple years, and may involve negotiation. Your lawyer is best placed to support you through this process, including ensuring you have all of the information needed to make an informed decision.
A wrongful death claim awards surviving relatives compensation for the impact of the death.
A lawsuit for survival action awards surviving relatives a financial award that the deceased person was entitled to receive had they survived.
The burden of proof for the wrongful death will need to be met by the plaintiffs. The law outlines four elements that constitute wrongful death:
Yes. You can claim compensation for any medical bills or funeral expenses incurred as part of the wrongful death. You can also pursue compensation for pain and suffering, potential lost income, and for loss of companionship.
No. Wrongful death is a civil action, not a criminal case. If a crime has been committed, a separate criminal case can be brought.
No. Wrongful death claims are only applicable to the death of humans. There may be other avenues to pursue for the death of a pet.
This varies from state to state.
This depends on whether there is medical negligence, whether through the known side-effects of a medication without adequate warning, lack of adequate medical care, or bullying that led directly or indirectly to the suicide. Wrongful death by suicide can be complicated and challenging to prove. It is best to consult with a lawyer to determine if there are grounds for a wrongful death lawsuit.
Damages may be paid out as a one-time lump sum or as a structured settlement. A structured settlement allows for multiple payments over a specified period of time, similar to an income. An insurance company will likely pay a one-time sum.
Insurance may cover the claim in a wrongful death lawsuit, depending on the policy.
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