When someone dies due to the fault of another person or entity, survivors may have the option of bringing a wrongful death lawsuit. This legal action seeks damages, otherwise known as compensation, for the survivors’ loss.
This may include but is not limited to lost wages that would have been earned by the deceased, lost companionship, and the cost of funeral expenses. Of course, there is no way of adequately replacing the victim, but providing compensation for the victim’s loved ones can offset some of the challenges associated with their absence.
While the right to file a claim for wrongful death is relatively new, every state in the United States now has some form of wrongful death law. Wrongful death claims arise from a wide variety of fatal accidents. This may range from an unexpected car accident or a more complicated case of medical malpractice. Other cases include issues like product liability, where a defect or malfunction resulted in death. Under wrongful death law, persons, companies, and government entities can be at fault for negligence or intentional harm done.
A wrongful death claim differs from a criminal case in that it involves civil matters and disputes over rights relating to duties of individuals or entities. Criminal cases are pursued when the government seeks to hold an individual responsible for an act that is deemed a crime. The burden of proof is more stringent in a criminal case, and the penalty results in a consequence like incarceration. With civil matters, the result is more often financial compensation based on a monetary judgment entered against the individual or entity.
Elements of a wrongful death suit
- Death of an individual caused by negligence or an intent to inflict harm
- Survival of an individual or multiple family member(s) who are experiencing hardship because of the death
- Appointment of an estate representative on behalf of the deceased person
Who can sue for wrongful death?
Along with actions for personal injury, conscious pain and suffering, or expenses incurred before the deceased’s passing, a suit for wrongful death can only be brought by a personal representative or estate administrator of the deceased.
Life partners & dependents
In some states, a partner has a right to recovery for the death of their loved one. This includes cases where the survivor was financially dependent on the person who died.
Immediate family
In all states, immediate family like spouses and children can recover under wrongful death statutes. This includes adopted children and parents of deceased unmarried children.
Distant family
Some states also allow more distal family members like siblings or grandparents to file a wrongful death lawsuit. One example of this might include a grandmother who was raising her granddaughter.
Those with substantial financial need
Select states allow persons suffering financial consequences from death to bring a case for lost care or support. Individuals in these instances do not need to be a blood relative or married to the person who has passed away.
Parents of a deceased fetus
In some states, the death of a fetus can be grounds for pursuing a right to recovery. In those states, parents are only able to file a suit in the event the child was born alive and passed away thereafter, or if it can be shown that the fetus was viable pre-birth.
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