Losing someone because of another person’s negligence is devastating in a way that goes beyond words. And in the middle of that grief, families are often faced with decisions they’ve never had to make before, including whether to pursue a wrongful death claim. It’s a process most people know little about until they’re suddenly in the middle of it.
Our friends at Marsh | Rickard | Bryan, LLC discuss these cases with families regularly, and aswrongful death lawyers, we understand how difficult it is to think about legal action while also processing loss. But understanding how these claims work can help families make informed decisions at an incredibly hard time.
What Makes a Death “Wrongful” Under the Law
A wrongful death claim arises when someone dies as a result of another party’s negligent, reckless, or intentional conduct. Common situations include:
- Car, truck, and motorcycle accidents caused by another driver
- Medical malpractice where a provider’s error led to a fatal outcome
- Workplace accidents caused by unsafe conditions
- Defective products that caused fatal injuries
- Premises liability incidents, such as falls or unsafe property conditions
The underlying legal standard is similar to a personal injury claim. The difference is that the person who was harmed is no longer alive to bring the case themselves. The claim is brought on their behalf by surviving family members or the estate.
Who Can File a Wrongful Death Claim
This varies by state, but in most cases, immediate family members are eligible to bring a wrongful death claim. That typically includes a surviving spouse, children, and in some situations, parents of the deceased. In certain cases, financial dependents or other relatives may also have standing.
Because state laws differ on who qualifies and in what order, it’s worth understanding the rules that apply to your specific situation before assuming who has the right to file.
What Damages Can Be Recovered
Wrongful death claims can address a range of losses, both economic and non-economic. These may include:
- Medical expenses incurred before death as a result of the injury
- Funeral and burial costs
- Lost income and financial support the deceased would have provided
- Loss of companionship, care, and guidance for surviving family members
- Pain and suffering experienced by the deceased before death, in some cases brought through a survival action alongside the wrongful death claim
The goal is to account for the full impact of the loss, not just the immediate bills. For a family that depended on a spouse’s income, or children who lost a parent, those long-term financial effects are very real.
Common Questions Families Ask
How long do we have to file?
Wrongful death claims are subject to a statute of limitations, which means there is a legal deadline to file. That deadline varies by state, and in some cases, exceptions apply that can shorten or extend it. Waiting too long can result in losing the right to pursue the claim entirely. Acting sooner rather than later protects that right.
Does a criminal case affect a civil wrongful death claim?
These are separate legal processes. A wrongful death claim is civil, not criminal. It does not require a criminal conviction, and it can move forward regardless of whether criminal charges were filed or what the outcome of any criminal case was. The burden of proof in a civil case is also lower than in a criminal prosecution.
What if our loved one was partially at fault?
Shared fault doesn’t automatically eliminate a wrongful death claim. Depending on the state, comparative fault rules may reduce the amount recovered proportionally rather than bar the claim entirely. The specific facts and applicable law matter here.
The Role of a Wrongful Death Attorney
According to the CDC, unintentional injuries and preventable deaths affect hundreds of thousands of families every year. When negligence is involved, families shouldn’t have to bear those consequences alone.
A wrongful death attorney investigates what happened, identifies who is responsible, gathers evidence, and handles the legal process so families can focus on each other. These cases require a thorough understanding of both liability and damages, and the stakes are high enough that having experienced legal guidance makes a meaningful difference.
If you’ve lost a family member due to someone else’s negligence, we encourage you to reach out to our team. We’re here to answer your questions, explain your options, and help you understand what pursuing a claim might look like for your family.