What Is a Wrongful Death Lawsuit?
A wrongful death claim arises when someone dies due to another party's negligence or intentional act:
**Legal Basis**
Wrongful death laws allow surviving family members to seek compensation for their losses when the deceased would have had a valid personal injury claim if they survived.
**Common Causes**
• Motor vehicle accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Premises liability
• Criminal acts
**Types of Claims**
• Wrongful death (family's losses)
• Survival action (deceased's pain and suffering before death)
**Criminal vs. Civil**
Wrongful death is a civil claim, separate from any criminal prosecution. You can pursue a civil case even if no criminal charges are filed.
Our wrongful death attorneys guide families through both the legal process and the emotional challenges of seeking justice.
**Legal Basis**
Wrongful death laws allow surviving family members to seek compensation for their losses when the deceased would have had a valid personal injury claim if they survived.
**Common Causes**
• Motor vehicle accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Premises liability
• Criminal acts
**Types of Claims**
• Wrongful death (family's losses)
• Survival action (deceased's pain and suffering before death)
**Criminal vs. Civil**
Wrongful death is a civil claim, separate from any criminal prosecution. You can pursue a civil case even if no criminal charges are filed.
Our wrongful death attorneys guide families through both the legal process and the emotional challenges of seeking justice.
Who Can File a Wrongful Death Lawsuit?
State laws determine who has standing to sue:
**Immediate Family**
Spouses, children (including adopted), and parents of unmarried children can typically file wrongful death claims.
**Life Partners and Financial Dependents**
Some states allow domestic partners, putative spouses, and anyone financially dependent on the deceased to file.
**Distant Family Members**
Siblings, grandparents, and other relatives may file if no immediate family exists.
**Personal Representative**
In some states, only the estate's personal representative can file, distributing any recovery to statutory beneficiaries.
**Multiple Claimants**
When multiple family members have claims, coordination is essential to maximize total recovery and ensure fair distribution.
Our attorneys identify all potential claimants and structure cases to maximize family recovery.
**Immediate Family**
Spouses, children (including adopted), and parents of unmarried children can typically file wrongful death claims.
**Life Partners and Financial Dependents**
Some states allow domestic partners, putative spouses, and anyone financially dependent on the deceased to file.
**Distant Family Members**
Siblings, grandparents, and other relatives may file if no immediate family exists.
**Personal Representative**
In some states, only the estate's personal representative can file, distributing any recovery to statutory beneficiaries.
**Multiple Claimants**
When multiple family members have claims, coordination is essential to maximize total recovery and ensure fair distribution.
Our attorneys identify all potential claimants and structure cases to maximize family recovery.
Damages in Wrongful Death Cases
Wrongful death compensation varies by state but typically includes:
**Economic Damages**
• Lost income and benefits the deceased would have earned
• Lost inheritance
• Value of household services
• Funeral and burial expenses
• Medical bills before death
**Non-Economic Damages**
• Loss of companionship and consortium
• Loss of parental guidance (for children)
• Mental anguish and emotional distress
• Loss of care, comfort, and protection
**Survival Action Damages**
• Pain and suffering before death
• Medical expenses
• Lost wages from injury to death
**Punitive Damages**
In cases of egregious misconduct (drunk driving, intentional acts), punitive damages may be available.
Our wrongful death attorneys work with economists to calculate the full lifetime financial impact of losing a family provider.
**Economic Damages**
• Lost income and benefits the deceased would have earned
• Lost inheritance
• Value of household services
• Funeral and burial expenses
• Medical bills before death
**Non-Economic Damages**
• Loss of companionship and consortium
• Loss of parental guidance (for children)
• Mental anguish and emotional distress
• Loss of care, comfort, and protection
**Survival Action Damages**
• Pain and suffering before death
• Medical expenses
• Lost wages from injury to death
**Punitive Damages**
In cases of egregious misconduct (drunk driving, intentional acts), punitive damages may be available.
Our wrongful death attorneys work with economists to calculate the full lifetime financial impact of losing a family provider.
Wrongful Death Settlement Factors
Settlement values depend on multiple factors:
**Deceased's Earning Capacity**
Age, occupation, education, and career trajectory affect lost income calculations. Young high earners produce higher economic damages.
**Family Circumstances**
• Number and age of dependents
• Spouse's financial dependence
• Deceased's role in household
**Circumstances of Death**
• Egregious conduct increases settlements
• Prolonged suffering before death
• Visibility and sympathy factors
**Available Insurance**
Policy limits and defendant assets affect practical recovery.
**Jurisdiction**
Some states cap certain damages or have more favorable jury tendencies.
**Typical Settlement Ranges**
• Young child: $500,000 - $3,000,000
• Working adult: $1,000,000 - $10,000,000+
• Primary family provider: $2,000,000 - $25,000,000+
Our firm has recovered $18.9 million, $15.2 million, and $12.8 million in wrongful death cases.
**Deceased's Earning Capacity**
Age, occupation, education, and career trajectory affect lost income calculations. Young high earners produce higher economic damages.
**Family Circumstances**
• Number and age of dependents
• Spouse's financial dependence
• Deceased's role in household
**Circumstances of Death**
• Egregious conduct increases settlements
• Prolonged suffering before death
• Visibility and sympathy factors
**Available Insurance**
Policy limits and defendant assets affect practical recovery.
**Jurisdiction**
Some states cap certain damages or have more favorable jury tendencies.
**Typical Settlement Ranges**
• Young child: $500,000 - $3,000,000
• Working adult: $1,000,000 - $10,000,000+
• Primary family provider: $2,000,000 - $25,000,000+
Our firm has recovered $18.9 million, $15.2 million, and $12.8 million in wrongful death cases.
Wrongful Death Time Limits
Acting quickly is essential in wrongful death cases:
**Statute of Limitations**
Most states require filing within 1-3 years of death. Missing the deadline bars all claims forever.
**Evidence Preservation**
Critical evidence disappears quickly:
• Accident scene conditions change
• Witnesses forget details
• Electronic data may be erased
• Vehicles are repaired or scrapped
**Multiple Deadlines**
Some claims within a wrongful death case have different deadlines (e.g., survival actions vs. wrongful death claims).
**Government Claims**
If a government entity is responsible, administrative claims must often be filed within 6 months.
**Why Early Investigation Matters**
Our attorneys immediately:
• Send preservation letters
• Photograph accident scenes
• Interview witnesses
• Obtain police and medical records
• Retain accident reconstructionists
Contact a wrongful death attorney as soon as possible to protect your family's legal rights.
**Statute of Limitations**
Most states require filing within 1-3 years of death. Missing the deadline bars all claims forever.
**Evidence Preservation**
Critical evidence disappears quickly:
• Accident scene conditions change
• Witnesses forget details
• Electronic data may be erased
• Vehicles are repaired or scrapped
**Multiple Deadlines**
Some claims within a wrongful death case have different deadlines (e.g., survival actions vs. wrongful death claims).
**Government Claims**
If a government entity is responsible, administrative claims must often be filed within 6 months.
**Why Early Investigation Matters**
Our attorneys immediately:
• Send preservation letters
• Photograph accident scenes
• Interview witnesses
• Obtain police and medical records
• Retain accident reconstructionists
Contact a wrongful death attorney as soon as possible to protect your family's legal rights.