When a person's death is caused by the negligence, recklessness, or intentional acts of another party, surviving family members may have the right to pursue a wrongful death lawsuit. These cases seek to provide financial compensation for the losses suffered by the deceased's family while holding responsible parties accountable for their actions.
Introduction
Wrongful death lawsuits allow certain family members to recover damages when their loved one's death was caused by another party's wrongful conduct, negligence, or intentional actions.
These civil cases are separate from any criminal proceedings and focus on compensating the family for their losses rather than punishing the defendant.
The legal standards, procedures, and available damages in wrongful death cases vary by state, making it essential to work with an attorney experienced in local wrongful death law.
Who Can File a Wrongful Death Claim
State laws determine which family members have the legal standing to pursue wrongful death lawsuits on behalf of the deceased.
Immediate Family Members
Spouses, children, and parents typically have the primary right to file wrongful death claims in most states.
Extended Family
Some states allow siblings, grandparents, or other relatives to file claims if they were financially dependent on the deceased.
Estate Representatives
In some cases, the executor or administrator of the deceased's estate may file the lawsuit on behalf of beneficiaries.
Proving a Wrongful Death Case
Legal elements that must be established to successfully pursue a wrongful death claim.
Death Was Caused by Defendant
Defendant Acted Negligently
Surviving Family Suffered Damages
Financial Losses Documented