Wrongful Death Lawyers

Wrongful Death Lawyers in the United States

A wrongful death claim arises when someone dies because of another person's or entity's negligence, recklessness, or intentional act. These cases allow surviving family members to seek financial recovery for the loss of their loved one. Every state has its own wrongful death statute, but the core principle is the same: accountability for preventable deaths.

What Wrongful Death Law Covers

Wrongful death claims cover deaths caused by a wide range of circumstances. Common cases involve medical malpractice, car accidents, defective products, workplace incidents, and criminal acts. The claim is filed by surviving family members or a representative of the deceased person's estate.

Most states limit who can file. Typically, surviving spouses, children, and parents of the deceased have standing. Some states also allow extended family members or financial dependents to bring a claim. The specific rules vary, but the goal is always to compensate those most affected by the death.

When to Hire a Wrongful Death Lawyer

• A family member died due to someone else's negligence or misconduct
• An insurance company has offered a settlement that seems too low or pressured a quick resolution
• The cause of death involves complex facts, such as medical errors or product defects requiring expert analysis
• The statute of limitations deadline is approaching — most states set this between one and three years
• Multiple parties may share fault for the death, making liability disputed

How the Wrongful Death Process Works

The process begins with an investigation into the circumstances of the death. Your attorney will gather medical records, accident reports, witness statements, and expert opinions to build the case. A formal complaint is then filed in civil court.

After filing, both sides enter discovery, exchanging evidence and taking depositions. Many wrongful death cases settle before trial. According to data from the Bureau of Justice Statistics, roughly 97% of civil cases resolve through settlement or dismissal rather than a jury verdict. If settlement talks fail, the case proceeds to trial where a jury determines liability and damages.

How Compensation Is Calculated

• Medical expenses incurred between the injury and death, including emergency care and hospitalization
• Lost future earnings — economists calculate what the deceased would have earned over their remaining working life
• Loss of companionship, guidance, and consortium for surviving family members
• Funeral and burial costs
• Pain and suffering the deceased endured before death, sometimes called survival damages
• Punitive damages in cases involving especially reckless or intentional conduct, though not all states allow them

Frequently Asked Questions

How long do I have to file a wrongful death lawsuit?

Deadlines vary by state, ranging from one to three years after the date of death. Some states toll (pause) the deadline under certain conditions, such as when the cause of death wasn't immediately discoverable. Missing this deadline almost always bars the claim permanently.

Can I file a wrongful death claim if there was no criminal conviction?

Yes. Civil and criminal cases operate independently. The burden of proof in a civil wrongful death case is "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" requirement in criminal court. Families have won wrongful death verdicts even when criminal charges were never filed or resulted in acquittal.