Wrongful Death Attorney
How wrongful death claims work, who can bring one, and the deadlines that apply
How wrongful death claims work, who can bring one, and the deadlines that apply
The loss of a loved one is devastating. When that loss is caused by someone else's negligence, recklessness, or intentional misconduct, the pain is compounded by the injustice. While no amount of money can replace a loved one, a wrongful death lawsuit can provide financial security for surviving family members and hold the responsible party accountable.
Wrongful death claims are legally complex and emotionally difficult, and they have to be brought while a family is still grieving. PersonalInjuryAttys.com is not a law firm and cannot advise you or review your case. This page explains how wrongful death claims work; to speak to an attorney, use a bar association lawyer referral service.
Motor vehicle accidents are the leading cause of wrongful death claims. These include fatal car accidents caused by drunk driving, distracted driving, speeding, or reckless behavior; semi-truck accidents involving commercial vehicles; and motorcycle accidents where riders have minimal protection.
Surgical errors, misdiagnosis, medication errors, anesthesia mistakes, and hospital-acquired infections can result in death. When medical negligence causes a patient's death, family members can pursue wrongful death claims against the healthcare provider and healthcare facility.
Deaths from workplace accidents—including construction falls, equipment failures, explosions, toxic exposure, and unsafe working conditions—can result in wrongful death claims, particularly when the employer was grossly negligent or violated safety regulations.
Deaths caused by defective or dangerous products—including faulty vehicle components, defective medical devices, dangerous pharmaceuticals, and unsafe consumer products—create liability for manufacturers and sellers.
Deaths resulting from criminal acts or violence can create civil liability, separate from criminal prosecution. Property owners can be liable for deaths caused by criminal activity on their premises if they failed to provide adequate security.
While most fall accidents are survivable, elderly individuals and others with underlying conditions can die from complications. Property owners may be liable for wrongful deaths caused by their negligence in maintaining safe premises.
Deaths caused by assaults, shootings, or other crimes on property can result in wrongful death claims against property owners who failed to provide adequate security measures.
Wrongful death laws vary by state, but typically allow certain family members to file claims:
A surviving spouse typically has the right to file a wrongful death claim and recover damages for loss of companionship, support, and consortium.
Surviving children can recover for loss of support, guidance, and a parent's love and companionship. Adult children may also have claims.
Parents of deceased children or other dependents who relied on the deceased for financial support may have claims.
The executor or administrator of the deceased's estate may file claims on behalf of the estate.
In a wrongful death claim, surviving family members may recover compensation for:
To win a wrongful death case, we must prove:
The defendant had a legal obligation to act carefully or refrain from certain conduct.
The defendant failed to exercise reasonable care or engaged in reckless conduct.
The defendant's breach of duty directly caused or substantially contributed to the deceased's death.
The family members experienced quantifiable harm—financial losses and emotional suffering.
PersonalInjuryAttys.com does not provide legal services and cannot review your case. This is the kind of work a personal injury attorney would typically do on a wrongful death claim:
While nothing can bring your loved one back, an attorney can tell your family whether a claim is available, what it would involve, and how long you have to bring it. To find one, use your state or local bar association's lawyer referral service.
How to find an attorneyBar referral services are run by the legal profession, not by us. This site collects nothing from you.
Notice. PersonalInjuryAttys.com is an information resource, not a law firm, and does not provide legal advice. This website is designed for general informational purposes only. The information presented should not be construed as legal advice. Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits. Wrongful death laws vary significantly by state and jurisdiction.