Losing a loved one is one of life’s most devastating experiences. When that loss is caused by someone else’s negligence or wrongdoing, the pain can be even more unbearable. In such cases, the surviving family members may have the right to file a wrongful death lawsuit.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action brought by the surviving family members or representatives of a deceased person against the party or parties responsible for their loved one’s death. The goal is to seek compensation for the financial and emotional damages resulting from the untimely loss.

Think of it like this: if someone’s careless actions caused a car accident that took your parent’s life, you might be able to sue them for the loss of your parent’s income, the emotional trauma, and other related damages.

Who Can File a Wrongful Death Lawsuit?

The laws governing who can file a wrongful death lawsuit vary from state to state, but generally, the following parties may be eligible:

• Spouses or domestic partners
• Children (including adopted children)
• Parents (if the deceased was unmarried and had no children)
• Other relatives who were financially dependent on the deceased

In some cases, the executor or personal representative of the deceased’s estate may also be able to file a wrongful death claim on behalf of the surviving family members.

Surprising Facts About Wrongful Death Lawsuits

• Wrongful death claims can arise from various situations, including medical malpractice, workplace accidents, defective products, and even criminal acts like drunk driving.
• In some states, the damages awarded in a wrongful death lawsuit can include compensation for the deceased’s pain and suffering before their death.
• Wrongful death lawsuits have a statute of limitations, meaning they must be filed within a specific time frame after the death occurred (usually 1-3 years, depending on the state).

Learn More

• Survival Actions: These are separate legal claims that allow the deceased’s estate to recover damages for the pain and suffering the deceased experienced before their death.
• Damages in Wrongful Death Cases: Compensation in wrongful death lawsuits can include economic damages (lost income, medical expenses) and non-economic damages (emotional distress, loss of companionship).
• Wrongful Death vs. Criminal Charges: A wrongful death lawsuit is a civil case, separate from any criminal charges that may be brought against the responsible party.

Navigating the legal process after losing a loved one can be overwhelming, but understanding your rights and options can provide a sense of justice and closure. If you find yourself in this difficult situation, seeking the guidance of an experienced wrongful death attorney can help ensure your family’s interests are protected.