Wrongful Death Lawsuits

By Gary Almeter, Esq. | Reviewed by John Devendorf, Esq.

Last updated February 13, 2025

If a loved one dies because of negligence, it may be possible for surviving family members to take legal action. You can get compensation for your loss, hold the negligent party accountable, and deter them from acting negligently in the future. This article provides an overview of a wrongful death case and what you can get for damages.

The circumstances of every wrongful death case are different and will hinge on the facts of the case. An experienced wrongful death lawyer will listen to your story, assess your case, assert your rights, and represent you in court. When you feel ready, contact a local wrongful death lawyer.

Common Causes of Wrongful Death

There are many types of wrongful death. A wrongful death could occur from a car accident, after a late hit in a hockey game, or in a hospital for medical malpractice. A wrongful act does not need to be immediate. A victim’s death could warrant a wrongful death claim if an insurance company denies a patient essential surgery, for example.

Wrongful death cases can overlap with other areas of law, including product liability, personal injury, workers’ compensation, and criminal cases.

Elements of a Wrongful Death Claim

A wrongful death action is a civil action. The burden of proof in civil lawsuits is less than beyond a reasonable doubt. The standard for a personal injury claim is “a preponderance of the evidence.” This means that someone is more likely liable for your loved one’s death than not liable. Your case must prove the following:

The death of a person
Caused by negligence or intentional acts
You are a surviving family member who suffered harm as a result
You are a designated representative of that loved one

Death of a Person

There are many ways to prove that someone died. Depending on what caused the death and what you allege in your wrongful death lawsuit, you may need medical records, an autopsy, and expert testimony.

Caused by Another’s Negligence or Intentional Acts

Negligence is generally defined as a lack of reasonable care. For a death to be wrongfully negligent, you must prove that a person died because someone else took actions or didn’t take actions that a reasonable person knew or should have known would be dangerous. You must also prove that the negligent party owed your deceased loved one a duty of care.

Surviving Family Member Who Suffers Damages

If a parent passes away, it could leave minor children with no one to provide for them financially. If a spouse was the primary breadwinner for a family, the surviving spouse may now be unable to afford a mortgage or otherwise provide for their dependents. There is also damage caused by the pain and suffering of the loss of a loved one’s companionship.

Appointment of a Representative for the Deceased’s Estate

To pursue a wrongful death suit, there must generally be a representative of the deceased’s estate. Your state’s wrongful death statutes likely determine who the representative may be. In some states, this is a surviving spouse. In others, it may be the executor of the estate. A personal injury lawyer can help you identify a personal representative and get one appointed. The personal representative stands in the place of the deceased person and advocates for them. The damages will go to the decedent’s estate and then to the survivors and beneficiaries.

Damages

There are many types of damages available in a wrongful death case. These include actual damages for economic losses, such as the cost of medical bills. They may also include financial support for surviving children and funeral expenses.

Survivors may also get non-economic damages. The surviving family members can get financial compensation for the loss of companionship from losing a loved one. Additionally, immediate family members may be entitled to the loss of income caused by the passing of a loved one.

Depending on your state’s wrongful death law, survivors may recover lost wages and lost future earnings. However, an award for future earnings may be less than what a person expected to earn to account for inflation.

Punitive damages may be part of a negotiated settlement or a jury award. These damages serve as a warning to the responsible parties.

Survival Actions

A survival action continues after someone dies. This seeks personal injury compensation that a victim would likely have been entitled to if they survived. Most states have straightforward laws regarding such claims. For example, this can include compensation for injuries in a car accident.

The statute of limitation may differ in a survival action case compared to a wrongful death case. Another difference between a wrongful death case and a survival action is that there may be no need for a representative of the deceased’s estate to take action.

Defenses to a Wrongful Death Lawsuit

Like in other civil cases, the defense in a wrongful death case will likely argue that they are not responsible for your loved one’s death. In the case of medical malpractice, a doctor may state that they were following normal procedures.

The defense may even try to argue that your loved one was responsible for their own death. For example, in a fatal car accident, the defense may argue that your loved one was driving recklessly.

Countering a strong defense is why you need a lawyer in your corner.

Talk to a Wrongful Death Lawyer

If you think that someone’s negligence caused your loved one’s death, contact an experienced wrongful death attorney as soon as possible. A lawyer can talk to you about developing a plan to gather evidence that may result in a wrongful death settlement or a favorable jury award.

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