Wrongful Death

Wrongful death is a legal claim that arises when a person's death is caused by the negligent, reckless, or intentional misconduct of another party. Rather than the deceased bringing a lawsuit themselves, surviving family members and dependents may file a wrongful death lawsuit on behalf of the estate and the survivors. These claims serve two purposes: compensating survivors for the financial and emotional losses caused by the death, and holding the responsible party accountable for causing the fatality.

Every state has a wrongful death statute that defines who may bring such a claim and what damages are recoverable. Typically, immediate family members — a surviving spouse, children, or parents of unmarried minors — have standing to file. The personal representative of the deceased's estate often brings the claim on behalf of all eligible survivors, and any recovery is distributed according to the terms of the statute or by agreement among the parties.

Damages in a wrongful death claim may include financial support the deceased would have provided to survivors, loss of inheritance, medical and funeral expenses, loss of the deceased's companionship and guidance, as well as the pain and suffering of the survivors. Some states also allow recovery for the deceased's pre-death pain and suffering through a separate survival action filed alongside the wrongful death claim. The calculation of future financial support requires complex economic analysis using actuarial data and expert testimony.

Wrongful death claims can arise from virtually any type of fatal accident — including car crashes, truck accidents, medical malpractice, defective products, construction accidents, and criminal acts. The standard of proof is the civil preponderance of the evidence standard, which is lower than the criminal beyond-a-reasonable-doubt standard. This means that even if a defendant is acquitted of criminal charges in connection with a death, a wrongful death civil claim can still succeed.