To succeed in a wrongful death lawsuit, the surviving family members or the personal representative of the deceased’s estate must prove that another person’s negligence or wrongful conduct caused their loved one’s death. Like other personal injury claims, wrongful death cases generally require proving four legal elements: duty of care, breach of duty, causation, and damages.
Understanding these elements can help you determine whether you may have a valid wrongful death claim.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit allows certain surviving family members or the representative of a deceased person’s estate to pursue compensation when someone else’s negligent, reckless, or intentional actions caused the death.
Although many wrongful death claims arise from accidents, not every accidental death qualifies. The circumstances surrounding the death must satisfy the legal requirements established under the applicable state law before compensation may be recovered.
The Four Key Elements of Wrongful Death Cases
To successfully prove a wrongful death claim, the plaintiff must establish each of the following legal elements.
Negligence
The first step is demonstrating that the defendant acted negligently, recklessly, or carelessly.
Negligence generally means the defendant failed to act with the level of care that a reasonably careful person would have exercised under similar circumstances. The plaintiff must show that this negligent conduct contributed to the victim’s death.
Breach of Duty
Next, the plaintiff must prove that the defendant owed the deceased a legal duty of care and failed to uphold that obligation.
For example:
- Drivers have a duty to operate their vehicles safely and obey traffic laws.
- Doctors and other healthcare providers have a duty to provide appropriate medical care.
- Property owners have a duty to maintain reasonably safe premises for lawful visitors.
Showing that the defendant violated this duty is an essential part of every wrongful death case.
Causation
It is not enough to show that someone acted negligently. The plaintiff must also establish that the defendant’s actions directly caused—or substantially contributed to—the victim’s death.
This often requires medical records, accident reconstruction, expert testimony, or other evidence connecting the defendant’s conduct to the fatal injuries.
Damages
Finally, the plaintiff must demonstrate that the death resulted in legally recognizable damages.
These damages may include:
- Medical bills incurred before death
- Hospital expenses
- Funeral and burial costs
- Loss of the deceased’s income
- Loss of future earning capacity
- Loss of financial support
- Loss of companionship, guidance, or parental care
- The deceased’s pain and suffering before death (where permitted by state law)
Supporting these damages typically requires financial records, medical documentation, and, in some cases, testimony from expert witnesses.
Common Causes of Wrongful Death
Wrongful death claims can arise from many different types of accidents or intentional acts. Regardless of the circumstances, the plaintiff must still prove the same four legal elements.
Some of the most common causes include:
- Motor vehicle accidents
- Commercial truck accidents
- Motorcycle crashes
- Medical malpractice
- Birth injuries
- Defective products
- Workplace accidents
- Dangerous property conditions
- Nursing home abuse or neglect
- Assisted living negligence
- Daycare or adult care negligence
- Criminal acts, including shootings, stabbings, or assaults
Each case requires a careful investigation to determine whether negligence or another wrongful act caused the death.
Burden of Proof
Wrongful death lawsuits are civil cases rather than criminal prosecutions. Because of this, the burden of proof is lower than in a criminal trial.
Instead of proving guilt “beyond a reasonable doubt,” the plaintiff generally must show that the evidence demonstrates it is more likely than not that the defendant’s actions caused the death.
Building a successful wrongful death case often involves:
- Investigating the incident
- Collecting medical and financial records
- Interviewing witnesses
- Consulting expert witnesses
- Reviewing applicable laws
- Negotiating with insurance companies
If a settlement cannot be reached, the case may proceed to trial where a judge or jury determines liability and damages.
How Are Wrongful Death Settlements Paid Out?
When a wrongful death claim settles, the at-fault party or its insurance company generally issues payment to the plaintiff’s attorney or the appropriate legal representative.
After attorney’s fees, litigation expenses, and any applicable liens are addressed, the remaining settlement funds are distributed to the eligible beneficiaries according to state law or court approval.
The distribution process varies by jurisdiction and the specific circumstances of each case.
Who Can File a Wrongful Death Suit?
The individuals who may file a wrongful death lawsuit depend on the laws of the state where the claim is brought.
In many states, eligible parties include:
- The surviving spouse
- Children
- Parents
- The personal representative of the estate
Some states also allow other family members or individuals who were financially dependent upon the deceased to pursue compensation.
An experienced wrongful death attorney can explain who has legal standing under your state’s laws.
How Much Can You Sue for Wrongful Death?
There is no standard settlement amount for a wrongful death lawsuit.
The value of a claim depends on many factors, including:
- Medical expenses
- Funeral and burial costs
- Lost wages and future earnings
- Loss of financial support
- Loss of household services
- Loss of companionship
- Emotional suffering
- The circumstances surrounding the death
Insurance coverage, available evidence, and the applicable state law can also significantly affect the value of a wrongful death claim.
Contact an Experienced Wrongful Death Attorney
Wrongful death claims are often complex and require substantial evidence to establish liability and damages. Simply believing someone was responsible is not enough—the legal burden of proof must be satisfied.
An experienced wrongful death attorney can investigate the circumstances surrounding the death, preserve important evidence, work with qualified experts at Scher, Bassett and Hames, negotiate with insurance companies, and present the strongest possible case on behalf of surviving family members.
Seeking legal guidance as early as possible can help protect your rights and ensure important evidence is not lost.
Wrongful Death FAQ
What Is the Difference Between Wrongful Death and a Survival Action?
Although both claims arise after a person’s death, they compensate different losses. A wrongful death claim seeks compensation for losses suffered by surviving family members, while a survival action allows the deceased person’s estate to recover damages the victim could have pursued had they survived.
What Takes Time in Wrongful Death Lawsuits?
Wrongful death cases often involve lengthy investigations, collecting medical records, identifying responsible parties, consulting expert witnesses, negotiating with insurance companies, conducting discovery, and, when necessary, preparing for trial. As a result, some claims may take months or even years to fully resolve.
Does Insurance Cover Wrongful Death?
Many wrongful death claims are paid through liability insurance policies, such as automobile, homeowners, commercial, or medical malpractice insurance. However, policy limits may not fully compensate surviving family members for all of their losses, making legal action necessary in some cases.
How Are Wrongful Death Settlements Paid Out?
Settlement proceeds are generally paid to the attorney representing the claim or the estate representative. After approved attorney’s fees, litigation costs, and any applicable liens are deducted, the remaining funds are distributed to the eligible beneficiaries according to state law or the court’s instructions.
