How to File a Wrongful Death Lawsuit [2024 Guide]

What Is Wrongful Death?

Wrongful death refers to a situation where someone’s life is cut short due to the negligent, reckless, or intentional actions of another person or entity.

Unlike natural or accidental deaths, wrongful deaths occur when a person or company fails to act responsibly, leading to tragic consequences.

Understanding the concept of wrongful death is critical when you’re considering legal action because it forms the basis for seeking justice and compensation.

Legal Basis for Wrongful Death Claims

The concept of wrongful death is anchored in civil law, meaning it is separate from criminal proceedings.

While criminal law focuses on punishing offenders through fines or imprisonment, civil law centers on compensating the victims.

When you file a wrongful death lawsuit, you’re pursuing a civil case that seeks monetary compensation for the losses you have endured.

The foundation of wrongful death claims lies in the principle of negligence.

In legal terms, negligence means failing to take reasonable care, resulting in harm to another person.

To successfully pursue a wrongful death claim, you must demonstrate that the defendant owed a duty of care to your loved one, that they breached this duty, and that this breach directly led to your loved one’s death.

It’s also essential to recognize that wrongful death lawsuits are governed by state laws, which can vary significantly across the country.

This is why consulting with an experienced wrongful death lawyer in your state is critical to your claim’s success.

Examples of Wrongful Death Situations

Examples of when someone’s negligence leads to a person’s death includes:

• Medical Malpractice: Medical malpractice occurs when healthcare providers fail to meet the standard of care, leading to a patient’s death. This can include surgical errors, misdiagnoses, or failure to provide timely treatment.
• Car Accidents: Car accidents are a leading cause of wrongful deaths, especially when they result from reckless driving, drunk driving, or failure to follow traffic laws. In these situations, the at-fault driver can be sued for the damages they have caused.
• Defective Products: When manufacturers release products that are unsafe or defective, they may be liable for any resulting wrongful deaths. This includes products like faulty medical devices, dangerous pharmaceuticals, or defective vehicles.
• Workplace Accidents: Employers have a responsibility to maintain a safe working environment. If negligence or unsafe practices lead to a fatal accident at work, the employer may be held accountable for wrongful death.

Why Understanding Wrongful Death Matters

Recognizing that the loss of a loved one was preventable and that legal avenues exist for holding those responsible accountable can provide some sense of closure.

By familiarizing yourself with the concept of wrongful death and the legal principles underlying it, you empower yourself to make informed decisions.

Whether it is deciding to pursue a claim or understanding your rights, this knowledge is vital as you seek justice for your loved one.

Who Can File a Wrongful Death Lawsuit?

A critical part of taking legal action is to establish who’s eligible to file a wrongful death lawsuit.

The right to pursue a wrongful death claim is reserved for certain family members and close relatives.

The specifics can vary from one state to another, so understanding your local laws is essential.

In Illinois, court-designated representatives are the only ones eligible to file wrongful death claims.

Missouri statutes allow the decedent’s adult family members to bring about a lawsuit after a person dies due to the negligence or wrongful acts of another party.

Eligible parties that can file wrongful death claims upon a decedent’s death include:

• Immediate family members
• Spouses
• Children
• Parents
• An extended family member
• A personal representative

Immediate Family Members

In most states, immediate family members are given primary rights to file a wrongful death lawsuit.

This group typically includes the deceased person’s spouse, children, and parents.

If a husband tragically loses his wife in a car accident caused by another’s negligence, he would likely be eligible to file a wrongful death claim.

If parents lose a minor child, they have the right to seek legal recourse for their loss.

Spouses

Spouses hold a special place in wrongful death claims as they are often directly affected by the financial and emotional loss of a partner.

They can file claims for both economic damages, such as lost income and funeral expenses, and non-economic damages, like the loss of companionship and emotional support.

Children

Children, whether minors or adults, may also have the right to file a wrongful death lawsuit for the loss of a parent.

Children can seek compensation for lost parental guidance, emotional suffering, and financial support that the deceased would have provided.

Parents

Parents who have lost a child, especially a minor, often have the right to file a wrongful death claim.

This right recognizes the profound impact of losing a child and the unique relationship between parents and children.

An Extended Family Member

While immediate family members are usually the primary claimants, extended family members and financial dependents may also be eligible to file a wrongful death lawsuit in certain situations.

This can include siblings, grandparents, and those who relied on the deceased for financial support.

A Personal Representative

In some states like Illinois, the surviving family members can file a wrongful death lawsuit through a court-appointed personal representative.

This individual is appointed to act on behalf of the deceased and may file a claim to recover damages for the estate.

The wrongful death settlements are typically distributed among eligible beneficiaries as dictated by the deceased’s will or state inheritance laws.

State-by-State Differences

The eligibility to file a wrongful death lawsuit is subject to the laws of the state where the incident occurred.

Different states have distinct rules and requirements, and understanding these legal nuances is vital for pursuing a successful claim.

Variations Across States

In some states, only immediate family members can file a wrongful death claim, while others may allow extended family members or financial dependents to do so.

The specific rules can vary widely, so it’s important to consult with an attorney familiar with your state’s laws.

Statutory Limitations

Certain states impose statutory limitations on who can file a wrongful death claim.

These state wrongful death statutes may define the priority of claimants or establish specific eligibility criteria that must be met.

Filing a Wrongful Death Lawsuit

The thought of taking legal action can be daunting, especially after losing a loved one.

It’s a step you must take to seek justice and obtain the compensation you and your family deserve.

A wrongful death lawsuit involves understanding the legal process and gathering the necessary evidence to support your claim.

Steps for filing a wrongful death lawsuit includes:

• Gather evidence
• Understand and follow legal requirements
• Consult an experienced attorney

1. Gather Evidence

A wrongful death lawsuit relies heavily on evidence to demonstrate that the defendant’s negligence or intentional misconduct led to the untimely death of your loved one.

Collecting and organizing this evidence is the foundation of a successful claim.

Key pieces of evidence to obtain and keep include:

• Medical records: Medical records provide critical information about your loved one’s health prior to the incident and any treatments they received. These documents can establish a timeline of events and reveal any negligence or errors made by healthcare providers.
• Death certificate: The death certificate is another essential document. It officially confirms the cause of death and may indicate whether the death resulted from natural causes or external factors, supporting the claim of wrongful death.
• Witness statements: These statements are first-hand accounts of what transpired and can shed light on the circumstances leading to the wrongful death.
• Financial Documents: Financial documents are crucial for demonstrating the economic impact of your loved one’s passing. These documents may include pay stubs, tax returns, or other financial records that show lost wages and financial support.
• Records of Medical and Funeral Expenses: These costs are critical to helping your wrongful death attorney accurately calculate economic damages.

2. Understand and Follow Legal Requirements

Before proceeding with a wrongful death lawsuit, understanding the legal requirements and processes involved is essential.

Each state has unique laws governing wrongful death claims, so familiarizing yourself with these rules can prevent unnecessary complications and delays.

Things you must take into account before filing your wrongful death lawsuit include:

• Wrongful Death Statutes of Limitations: The statute of limitations refers to the time frame within which you must file a wrongful death lawsuit. This period varies by state but typically ranges from one to three years after the date of death. Failing to file within this time frame can result in the dismissal of your case.
• Legal Jurisdiction: The legal jurisdiction determines where the wrongful death lawsuit will be filed. Jurisdiction is usually based on the location of the incident or where the defendant resides. Choosing the correct jurisdiction is vital for ensuring that your case proceeds smoothly.

3. Consult an Experienced Attorney

Pursuing a wrongful death lawsuit without professional legal assistance can be challenging.

An experienced wrongful death attorney can guide you through the entire process, ensuring that your rights are protected and that your case is presented effectively.

What you can expect when you seek legal representation and guidance for a wrongful death or personal injury claim includes:

• Initial Consultation: During an initial consultation, your attorney will assess the details of your case, evaluate its strengths and weaknesses, and discuss potential legal strategies. This meeting is an opportunity to ask questions, address concerns, and understand the path forward.
• Building Your Case: Your attorney will work with you to build a compelling case that demonstrates the defendant’s liability and the damages you have suffered. This involves gathering additional evidence, consulting experts, and preparing legal arguments.

The Role of an Experienced Wrongful Death Attorney

An experienced attorney for wrongful death lawsuits can maximize your chances of a successful claim.

Ways your lawyer can help you seek justice include:

• Handling the legal process on your behalf
• Evaluating your case
• Establishing liability
• Gathering evidence to strengthen your claim
• Calculating your damages

Handling the Legal Process on Your Behalf

Wrongful death lawsuits can be legally complex, requiring a deep understanding of both state-specific statutes and the nuances of each individual case.

An experienced wrongful death attorney will navigate these complexities for you and ensure that your case is presented effectively.

Evaluating Your Case

A key role of a wrongful death attorney is evaluating the merits of your case, determining its strengths and potential challenges.

This evaluation involves a thorough examination of evidence, legal precedents, and relevant statutes to build a compelling case.

Establishing Liability

Wrongful death cases can involve multiple parties who may share responsibility for the incident.

These parties can include individuals, corporations, medical professionals, or governmental entities.

Your attorney will work to identify all liable parties, ensuring that your claim addresses every aspect of liability.

Gathering Evidence To Strengthen Your Claim

Evidence is the cornerstone of any wrongful death lawsuit.

A wrongful death attorney will assist in collecting and organizing evidence to support your claim, ensuring that all necessary documentation is presented in a cohesive and compelling manner.

Calculating Your Damages

Determining the appropriate amount of compensation in a wrongful death case involves assessing both economic and non-economic damages.

A wrongful death attorney will ensure that all potential losses are accurately calculated, reflecting the full extent of your family’s suffering.

Damages in a Wrongful Death Claim

While no amount of money can truly compensate for such a loss, a wrongful death lawsuit can provide financial relief and hold the responsible parties accountable.

Damages you can claim following your loved one’s wrongful death include:

• Economic damages
• Non-economic damages
• Punitive damages

Economic Damages

Economic damages are tangible losses that can be calculated with a fair degree of certainty.

These damages aim to compensate for the financial support and contributions that your loved one would have provided had they lived.

Types of economic damages that can be claimed include:

• Lost wages
• Medical expenses
• Funeral and burial expenses

Non-Economic Damages

Non-economic damages, though not easily quantifiable, represent the profound emotional and psychological impact of losing a loved one.

These damages are intended to compensate for the intangible losses that the family experiences.

Non-economic damages you can claim in a wrongful death lawsuit include:

• Loss of companionship
• Pain and suffering

Punitive Damages

In some wrongful death cases, punitive damages may be awarded.

Unlike economic and non-economic damages, which aim to compensate the family, punitive damages are intended to punish the defendant for particularly egregious or reckless behavior.

How Much You Can Recover in Damages

Determining the total damages in a wrongful death lawsuit requires a comprehensive evaluation of both economic and non-economic losses.

Your wrongful death attorney will work with financial experts, economists, and other professionals to calculate a fair and accurate compensation amount.

Several factors can influence the calculation of damages, including:

• Age and Health of the Deceased: Younger individuals with longer life expectancies may result in higher compensation for lost future earnings.
• Family Dynamics: The relationship between the deceased and surviving family members can impact the calculation of non-economic damages.
• Circumstances of Death: The nature and circumstances surrounding the wrongful death incident can affect the overall evaluation of damages.

By thoroughly examining these factors and presenting compelling evidence, your attorney will strive to secure the maximum compensation possible for your family.

Seek Compensation and Justice With an Experienced Attorney in Your Corner

Losing your loved one is a painful experience.

For this reason, you must hold liable parties accountable by filing a wrongful death claim.

A wrongful death lawsuit enables you to seek justice and recover compensation for the loss of your loved one.

If you need an experienced wrongful death lawyer in your corner, we’re a consultation call away.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you’re eligible for a wrongful death claim.