Wrongful Death Information

A wrongful death lawsuit is a civil action in which one person brings claims against another who can be held liable for a death that occurred through negligence or intentional actions.

Laws Governing Wrongful Death Lawsuits

Each state has its own wrongful death laws governing the filing of a wrongful death lawsuit. These statutes specify in detail who can file a wrongful death lawsuit, under what circumstances they can file it, and the procedures to follow to file it.

Who Can File a Wrongful Death Lawsuit

Individuals entitled to sue for wrongful death usually include a surviving spouse, natural born or adopted children of the deceased, surviving parents of the deceased, grandparents, or siblings. Sometimes a surviving spouse who is separated from the deceased may file as long as the separation wasn’t a result of desertion or failure to provide support.

Elements of a Wrongful Death Claim

The elements of a wrongful death lawsuit must show: that the death was caused by the defendant; that the death was caused intentionally, recklessly or negligently or that the defendant was strictly liable for the victim’s death; that the victim has surviving beneficiaries and/or dependents; and that the victim’s death has caused monetary damages to those beneficiaries and/or dependents. Common causes of wrongful death include truck accidents, product liability, medical malpractice, construction accidents, and maritime accidents.

Damages That May Be Recovered

While a financial settlement cannot ease the emotional pain of a loved one's death, it may help a family cope with the financial burdens that the death of their loved one has inflicted upon them. Family members may recover medical and funeral expenses, loss of earnings, loss of benefits, loss of inheritance, lose of protection and companionship, pain and suffering, and punitive damages (if the conduct was malicious, intentional or egregious).

How to Proceed

Consult an experienced wrongful death attorney as soon as possible after the wrongful death event. An experienced attorney will be able to assess your claim and determine the best course of action to pursue to ensure your rights are protected.