Wrongful Death Lawsuits: Everything You Should Know

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.

What is a wrongful death lawsuit?

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:

• That there was negligence on the part of the party being sued
• Those negligent actions directly resulted in the death
• That the death caused direct damage to the plaintiff

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.

Who can file a wrongful death lawsuit? 

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:

• Surviving partners
• Relatives, including siblings or grandparents
• Parents of a deceased fetus
• Executor of the deceased’s will

Key elements of a wrongful death lawsuit 

The core components in order for a claim to qualify as a wrongful death lawsuit and prove this type of wrongdoing include the following; 

• Duty of care. The defendant must have owed a duty of care to the deceased. If they acted in a manner that caused harm, resulting in a fatality, that duty of care was breached.
• Breach of duty. The defendant did not act in a way typically expected of the situation. This breach of duty may be through negligent or intentional actions.
• Causation. The breach must have directly caused the death.
• Damages. The survivors must prove they have suffered damages as a result of the death.

Common types of wrongful death cases

There are three main types of wrongful death suits.

Intentional 

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. 

Negligent

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:

• Car accidents
• Workplace accidents
• Slip and fall accidents
• Defective products
• Failure to warn

Medical malpractice

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. 

What can I expect from a wrongful death lawsuit settlement?

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:

• Medical bills incurred by the patient prior to death
• Pain and suffering prior to death
• Lifetime loss of any of the following for the deceased: income, services rendered, inheritance, companionship
• Funeral costs

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. 

Factors that affect settlement amounts

When deciding on appropriate compensation for a wrongful death claim, the considered factors include: 

• The deceased person's age (and previous life expectancy)
• The deceased person's health
• The deceased person's income and earning capacity
• The relationship between the plaintiff and the deceased person
• Age of the survivors 
• Lost benefits of the survivors
• Your state's wrongful death laws
• Details of the wrongful death event itself
• Funeral and medical expenses related to the death
• Suffering endured by the deceased

Types of damages: 

There are three types of damages for which plaintiffs may receive compensation.

• Economic damages: Including medical bills, funeral expenses, lost wages, and loss of future earnings.
• Non-economic damages: Covering pain and suffering, loss of companionship, and emotional distress.
• Punitive damages: Awarded in cases involving gross negligence or intentional harm, aimed at punishing the defendant and deterring similar behavior​.

How to file a wrongful death lawsuit

When filing a wrongful death claim, here is how to get started with the process and what you can expect.

• Step 1: Consult an attorney. When embarking on filing a wrongful death lawsuit, it is important to sit down with an experienced attorney who can support you throughout the process. The wrongful death attorney will explain your options, guide you throughout the process, and argue on your behalf. When seeking an attorney, do some research into lawyers who have previously worked on the same types of claims, i.e., automobile accidents or medical malpractice.
• Step 2: Check the statute of limitations. There is a time limit within which a wrongful death lawsuit must be filed to move forward. Each state has its own statute of limitations, but two years from the date of death is typical. After this time limit expires, the case cannot be pursued.
• Step 3: Gather evidence. In order to prove your claim, you must provide evidence, including witness testimony, where possible. There must be proof to convince the court that the outcome of death was indeed a wrongful death and damages were incurred as a result. 
• Step 4: File the complaint. It is best to have a lawyer do this on your behalf. We can help find a qualified attorney for your case.
• Step 5: Discovery. This is a process of finding out what the other side has in terms of evidence, witnesses, and assessing what case they will likely plan to make based on these elements.
• Step 6: Settlement negotiations. It is possible to have formal discussions to reach a settlement outside of court. In this process, which can be initiated before or after a lawsuit is filed, the parties, typically through their lawyers, will exchange offers till an agreement is reached. Mediation can be used in the case where support is needed to reach an agreement.
• Step 7: Trial. If negotiations fail, the lawsuit will go to trial.

FAQs

Who can be sued for a wrongful death?

Anyone (or any entity) can be sued in the case of wrongful death. Some examples include:

• Employers of those who caused the death during the course of work duties
• Drivers at fault in the death
• A company that has produced a defective product or failed to warn of risk associated with using their product, which has resulted in death
• Medical professionals who commit malpractice
• Government agencies if they do not adequately warn of hazards on the road

How do you find an attorney for a wrongful death lawsuit?

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.

How long does a wrongful death lawsuit take?

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.

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

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.

How do you prove wrongful death?

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:

1. Duty of care
2. Breach of duty
3. Causation
4. Damages

If the deceased person had no income, can you still get compensation?

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.

Is wrongful death a felony?

No. Wrongful death is a civil action, not a criminal case. If a crime has been committed, a separate criminal case can be brought.

Can you sue for the wrongful death of a pet?

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.

Can you sue for the wrongful death of a fetus?

This varies from state to state.

Can you sue for wrongful death by suicide?

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.

How are wrongful death payments paid out?

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.

Does insurance cover wrongful death?

Insurance may cover the claim in a wrongful death lawsuit, depending on the policy.