What Is a Wrongful Death Claim? Complete Legal Guide

Understanding Wrongful Death Claims

A wrongful death claim is a civil lawsuit brought against a person or entity whose negligent, reckless, or intentional conduct caused the death of another person. Wrongful death claims allow the surviving family members of the deceased to seek financial compensation for their losses, including the loss of financial support, the loss of companionship and guidance, funeral and burial expenses, and the pain and suffering experienced by the deceased before death.

Wrongful death claims are distinct from criminal charges that may be filed against the person responsible for the death. While criminal charges are brought by the government and can result in imprisonment, wrongful death claims are brought by the surviving family members and result in monetary compensation. A person can be found liable in a wrongful death lawsuit even if they were acquitted of criminal charges, because the standard of proof in civil cases (preponderance of the evidence) is lower than in criminal cases (beyond a reasonable doubt).

Every state has a wrongful death statute that establishes the rules for filing wrongful death claims, including who can file the claim, what damages can be recovered, and the deadline for filing. While the general principles are similar across states, the specific rules vary significantly, making it important to understand the laws of the state where the claim will be filed.

Common Causes of Wrongful Death

Wrongful death claims can arise from a wide variety of circumstances.

Car Accidents

Car accidents are one of the most common causes of wrongful death claims. When a driver's negligence, such as speeding, drunk driving, distracted driving, or running a red light, causes a fatal accident, the surviving family members can file a wrongful death claim against the negligent driver.

Medical Malpractice

Medical malpractice wrongful death claims arise when a healthcare provider's negligence causes a patient's death. Common examples include surgical errors, misdiagnosis or delayed diagnosis, medication errors, birth injuries, and failure to treat.

Workplace Accidents

Fatal workplace accidents can give rise to wrongful death claims against third parties whose negligence contributed to the death. While workers' compensation typically provides the exclusive remedy against the employer, claims against equipment manufacturers, subcontractors, and property owners may be available.

Product Liability

Defective products that cause death can give rise to wrongful death claims against the manufacturer, distributor, or retailer. Common examples include defective vehicles, dangerous drugs, defective medical devices, and unsafe consumer products.

Premises Liability

Property owners who fail to maintain safe conditions on their premises can be liable for wrongful death if a visitor is killed as a result. Common examples include fatal slip and fall accidents, drowning in swimming pools, and deaths caused by inadequate security.

Who Can File a Wrongful Death Claim

The right to file a wrongful death claim varies by state, but generally includes certain categories of surviving family members.

Spouse

In every state, the surviving spouse of the deceased has the right to file a wrongful death claim. The spouse can recover damages for loss of companionship, loss of financial support, and other losses.

Children

In most states, the children of the deceased, including minor children and adult children, have the right to file a wrongful death claim. Minor children can recover damages for loss of parental guidance, support, and companionship.

Parents

In most states, the parents of the deceased can file a wrongful death claim, particularly when the deceased is a minor child. Parents can recover damages for loss of companionship, loss of the child's expected financial contributions, and funeral expenses.

Other Family Members

Some states allow other family members, such as siblings, grandparents, and domestic partners, to file wrongful death claims. The specific rules vary by state.

Personal Representative

In many states, the wrongful death claim must be filed by the personal representative of the deceased's estate on behalf of the surviving family members. The personal representative is typically named in the deceased's will or appointed by the court.

Types of Damages in Wrongful Death Claims

Wrongful death claims can include several types of damages.

Economic Damages

Economic damages compensate the surviving family members for the financial losses resulting from the death. These include loss of the deceased's expected future earnings, loss of benefits such as health insurance and retirement contributions, loss of the deceased's services such as childcare, household maintenance, and guidance, medical expenses incurred before death, and funeral and burial expenses.

Non-Economic Damages

Non-economic damages compensate the surviving family members for the intangible losses resulting from the death. These include loss of companionship and consortium, loss of parental guidance and nurturing, mental anguish and emotional distress, and loss of enjoyment of life.

Punitive Damages

In some states, punitive damages may be available in wrongful death cases where the defendant's conduct was particularly egregious, such as drunk driving or intentional acts. Punitive damages are designed to punish the defendant and deter similar conduct in the future.

Survival Action Damages

In addition to wrongful death damages, many states allow a survival action, which recovers damages for the pain and suffering experienced by the deceased between the time of the injury and the time of death. Survival action damages are separate from wrongful death damages and are paid to the deceased's estate.

Average Settlement Amounts for Wrongful Death Claims

Wrongful death settlement amounts vary enormously based on the circumstances of the death, the age and earning capacity of the deceased, and the number of surviving dependents.

Car Accident Wrongful Death

Wrongful death settlements from car accidents typically range from $500,000 to $5,000,000 or more. Cases involving drunk driving, commercial vehicles, or particularly egregious negligence tend to settle for higher amounts.

Medical Malpractice Wrongful Death

Wrongful death settlements from medical malpractice typically range from $500,000 to $3,000,000, although some states cap damages in medical malpractice cases.

Workplace Accident Wrongful Death

Wrongful death settlements from workplace accidents typically range from $500,000 to $5,000,000 or more, depending on the circumstances and the parties involved.

Product Liability Wrongful Death

Wrongful death settlements from defective products typically range from $1,000,000 to $10,000,000 or more, particularly in cases involving large corporations with significant resources.

Factors Affecting Wrongful Death Settlement Value

Several factors influence the settlement value of a wrongful death claim.

Age and Health of the Deceased

Younger, healthier individuals generally have higher wrongful death settlement values because they had more years of expected future earnings and more years of expected companionship with their family members.

Earning Capacity

The deceased's earning capacity is a major factor in determining the economic damages. Higher-earning individuals generate higher economic damages. Expert economists can project the deceased's expected future earnings based on their education, experience, and career trajectory.

Number of Dependents

The number of surviving dependents affects the settlement value. Cases involving multiple minor children tend to settle for higher amounts because of the greater loss of parental guidance and financial support.

Circumstances of the Death

The circumstances of the death affect the settlement value. Cases involving particularly egregious conduct, such as drunk driving or intentional acts, tend to settle for higher amounts. Cases where the deceased suffered significant pain before death also tend to settle for higher amounts due to survival action damages.

Strength of Liability

The strength of the liability case affects the settlement value. Cases with clear liability settle for higher amounts than cases where liability is disputed.

Jurisdiction

The jurisdiction where the case is filed affects the settlement value through local jury verdict trends, damage caps, and other state-specific laws.

Statute of Limitations for Wrongful Death Claims

Every state has a statute of limitations for wrongful death claims, which is the deadline for filing the lawsuit. The statute of limitations varies by state, typically ranging from one to three years from the date of death. Some states have shorter deadlines for claims against government entities. Failing to file within the statute of limitations will bar the claim, so it is critical to consult with an attorney as soon as possible after the death.

Steps to Take After a Wrongful Death

If you have lost a loved one due to someone else's negligence, taking the right steps can help protect your legal rights.

Preserve Evidence

Preserve all evidence related to the death, including medical records, police reports, photographs, and any physical evidence. If the death occurred in a car accident, preserve the vehicles involved. If the death occurred at a workplace, preserve any equipment or materials involved.

Obtain the Death Certificate

Obtain copies of the death certificate, which will be needed for the wrongful death claim and for other legal and financial matters.

Consult with an Attorney

Consult with a wrongful death attorney as soon as possible. An experienced attorney can investigate the circumstances of the death, identify all potentially liable parties, and guide you through the legal process.

Do Not Speak with Insurance Companies

Do not provide statements to insurance companies without consulting an attorney. Insurance companies may try to minimize their liability or obtain statements that could be used against you.

File the Claim Within the Deadline

Ensure that the wrongful death claim is filed within the applicable statute of limitations. Missing the deadline will bar the claim permanently.

Conclusion

Wrongful death claims provide a legal remedy for surviving family members who have lost a loved one due to someone else's negligence or wrongful conduct. While no amount of money can replace a lost loved one, wrongful death compensation can provide financial security for the surviving family and hold the responsible parties accountable. Understanding the legal requirements, the types of damages available, and the factors that affect settlement value can help you make informed decisions about pursuing a wrongful death claim.

Use our free settlement calculator to estimate the potential value of a wrongful death claim based on the specific circumstances, including the deceased's age, earning capacity, and the number of surviving dependents.

The Emotional Impact of Wrongful Death on Surviving Family Members

The emotional impact of losing a loved one to wrongful death is profound and should be a significant component of the settlement. Surviving family members often experience intense grief, depression, anxiety, and post-traumatic stress. Children who lose a parent may experience behavioral problems, academic difficulties, and long-term psychological effects. Spouses who lose a partner may experience loneliness, financial stress, and difficulty managing household responsibilities alone. Parents who lose a child experience one of the most devastating losses imaginable, often resulting in complicated grief that requires professional treatment. The emotional impact on surviving family members should be thoroughly documented through psychological treatment records, testimony from family members and friends, and expert psychological opinions. Many wrongful death attorneys work with grief counselors and psychologists who can provide expert testimony about the emotional impact of the loss on the surviving family members. This testimony can significantly increase the non-economic damages component of the settlement.

Choosing the Right Wrongful Death Attorney

Choosing the right attorney is critical for maximizing the value of a wrongful death claim. Look for an attorney who has specific experience handling wrongful death cases, a track record of obtaining substantial settlements and verdicts, the resources to hire expert witnesses and conduct thorough investigations, compassion and sensitivity in dealing with grieving families, and a willingness to take the case to trial if necessary. Most wrongful death attorneys work on a contingency fee basis, meaning you do not pay any fees unless you receive a settlement or verdict. The contingency fee is typically one-third of the recovery, although this percentage may vary depending on the complexity of the case and whether it goes to trial.