When a person dies from the willful malice or negligence of another, the survivors may bring a wrongful death lawsuit against the perpetrator. Learn how to file a wrongful death lawsuit by verifying your eligibility, proving legal elements, and meeting deadlines, which may warrant a lawyer’s help.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim filed by a deceased person’s surviving family members or estate representative to seek compensation from the responsible party. Negligence, recklessness, or intentional misconduct through action or inaction must have caused the decedent’s passing.
Though the act that caused the person’s death may be criminal, claims filed by family members are civil and independent of any felonious charges. You can file a wrongful death claim whether or not the person faces criminal charges. The civil lawsuit against O.J. Simpson is one example of someone who was found not guilty of criminal murder still facing civil liability for a fatality.
Incidents That Can Result in Wrongful Deaths
When catastrophic injuries turn fatal and someone’s negligent or reckless actions are to blame, you may be able to take legal action against the responsible individual or entity. The following list includes examples of situations that may result in a wrongful death lawsuit:
- Car Accidents
- Semitruck Collisions
- Defective Products
- Medical malpractice
- Workplace Accidents
- Railroad-Related Incidents
- Exposure to occupational or environmental hazards
Who Can Bring a Wrongful Death Claim?
You may have only heard of spouses or children of the deceased suing for wrongful death, but extended family members, financial dependents, and estate executors may also have legal standing. The full list of people who may be eligible to file a lawsuit after someone’s passing includes:
- Immediate Family: All 50 states allow immediate family members to file wrongful death claims.
- Extended / Other Family Members: In the case of the death of an unmarried adult with no surviving children, most states will allow other family members to file suit.
- Financial Dependents: Some states allow those who were financially dependent on the decedent to file a wrongful death lawsuit.
- Estate Executors or Representatives: An estate executor is a person appointed in someone’s will to handle the deceased’s affairs, including wrongful death claims. If there isn’t a will, the court will appoint an administrator to serve this function.
The filer is not necessarily who gets the money in a wrongful death claim. For example, an executor may file suit but would then distribute funds to the appropriate beneficiary. When the immediate family files, parental involvement and other factors can also change payout priority.
Roles and Eligibility for Wrongful Death Lawsuits
This grid illustrates the various parties who may have legal standing to bring a claim and what conditions may influence how wrongful death settlements are paid out.
| Role/ Relationship | Who Is Eligible? | Priority | Can They File Directly? | Conditions |
| Immediate Family | – Spouses – Children – Adopted children – Parents of unmarried adults | Highest | Yes, or via a personal representative (for minors) | Distribution is often shared; stepchildren may require proof |
| Extended Family | – Grandparents – Aunts or uncles – Siblings | After immediate family | Sometimes | Applies to unmarried adults; may require next-of-kin status or proof of dependency |
| Financial Dependants | – Parents – Siblings – Partners – Stepchildren – Roommates (limited) | Case-specific | Sometimes | Recognition varies by state |
| Estate Executors | – Person appointed by will | Depends on beneficiary | Yes | Appointed by a will or the courts; disperses funds to beneficiaries |
Timeline for Wrongful Death Claims
The statute of limitations sets deadlines for filing wrongful death lawsuits, which can vary by the court’s jurisdiction. Generally, claims for fatal accidents must be filed within one to three years of the person’s passing. The start date may also shift based on when the cause of death is discovered. It’s best to speak to a lawyer to confirm the timeline and safeguard your rights.
How To Prove a Wrongful Death
Suing for wrongful death requires trial lawyers to demonstrate four basic elements: duty of care, breach of duty, causation, and damages. Here is what these legal terms mean and examples of evidence required to substantiate your claim.
Duty of Care
- The at-fault party had a legal obligation (to drive safely, follow medical procedures, or perform product testing, for example) based on the capacity of the situation.
- Traffic laws, medical practice standards, and manufacturing safety regulations are examples of evidence that establish how a reasonable person in the same position is expected to act to avoid harming others.
Breach of Duty
- The party’s actions or inactions fell below standard, qualifying as negligent, reckless, or intentional.
- Showing the person’s deviation from the standard through an unreasonable act or omission may require expert opinions in a related field, crash data, OSHA reports, and witness statements.
Causation
- The breach more than likely caused the death.
- Medical records, forensics, and expert analysis can explain how the breach caused the fatality.
Damages
- The beneficiaries experienced financial and emotional losses as a result of the death.
- Income statements, bills, funeral expenses, and other financial documents can show economic losses.
- Testimony from friends, family, or community members can demonstrate non-economic, emotional losses.
Settlements for Wrongful Death Claims
Wrongful death suit payouts aren’t arbitrary, nor are they awarded to just anyone. Each state’s statutes determine who gets the money in a wrongful death lawsuit, whether there are many surviving family members or limited eligible beneficiaries.
Typically, damages are distributed among the surviving immediate family, but the decedent’s will can also dictate recipients. Some states award wrongful death settlements based on the specific cause of the fatality. If the victim could have pursued damages had they survived the incident, their beneficiaries may also seek a survivor’s action to recoup compensation on their loved one’s behalf.
What Does Compensation Include?
Economic and non-economic damages, known as compensatory, are available for wrongful death lawsuits. In some states, punitive damages may also be awarded. Unlike compensatory damages, punitive damages are designed to punish the at-fault party to deter future behavior.
The person who gets the money in a wrongful death lawsuit must demonstrate the hardships they’ve experienced or expect to experience in the future, which dictates their compensation. The two main areas in which wrongful death suit payouts reimburse beneficiaries are:
Economic Damages
- Medical expenses for treatment the deceased received before succumbing to their injuries
- Funeral and burial expenses
- Lost wages and benefits
- Loss of services (the value of household duties, such as childcare or home maintenance)
Non-Economic Damages
- Loss of companionship and consortium (loss of love and partner support)
- Pain and suffering, such as emotional distress caused by the death
- Loss of guidance (compensation for children who lost a parent’s support)
How Are Settlements Divided?
A judge or court administration will oversee the distribution process to ensure fair allocation to eligible beneficiaries. The amount often prioritizes who was most financially dependent on the deceased, but the type of loss (guidance or consortium) also dictates the beneficiary. If the claim is to be split among surviving family members, they can agree amongst themselves how to divide the compensation or ask the courts to assist.
How Are Wrongful Death Settlements Paid Out?
Wrongful death settlements are paid out as a lump sum (all at once) or a structured settlement (periodic payments). The method depends on the beneficiaries’ needs for immediate expenses versus long-term financial stability.
If you believe you have lost a loved one due to someone’s negligence or malice, contact an experienced attorney to find out how to file a wrongful death lawsuit.