Wrongful Death Lawsuit: What It Is And How To File (2025)

What is a Wrongful Death Lawsuit?

The grounds for a wrongful death lawsuit arise when a victim dies due to the negligent or wrongful acts of another. Wrongful death claims typically exist when the victim would have had grounds to file a lawsuit if they had survived. Thus, the basis for wrongful death can include anything from murder to toxic chemical exposure.

However, not every state allows the recovery of the victim’s damages in a wrongful death suit. Instead, they often limit the damages for wrongful death to the family’s or estate’s losses. For example, wrongful death damages might include:

• Out-of-pocket expenses not paid by the estate, like ambulance fees
• Loss of the victim’s services, such as childcare or home maintenance
• Financial losses due to the death, including the victim’s lost income
• Loss of benefits, like health insurance
• Lost inheritance

Depending on the state, wrongful death damages might also include the family’s non-economic losses, including:

• Loss of consortium
• Loss of mentorship and guidance
• Loss of companionship
• Grief

The compensation from a wrongful death claim usually gets distributed to the spouse and children of the victim. The compensation may go to the victim’s parents when they have no spouse or children. The estate will receive the wrongful death settlement or damage award if there are no immediate living relatives.

Survival Actions

You can contrast wrongful death compensation with the compensation recoverable in survival claims. A survival claim represents the final losses of the victim due to the fatal injury. Examples of losses that might be compensated through a survival action include:

• Medical bills charged to the estate
• Funeral and burial expenses paid by the estate
• Pain and suffering caused by the fatal injury

In states that have survival actions, the compensation is paid to the estate. The estate, in turn, distributes the compensation with the rest of the estate’s assets.

Common Wrongful Death Claims

Wrongful death claims can result from a variety of actions, including the following:

Car Accidents

Over 42,000 people died in U.S. car crashes in 2022. Most of these car accidents resulted from dangerous driving behaviors like distracted, intoxicated, or careless driving. When a negligent driver causes a fatal accident, the victim’s family or estate can file a claim for wrongful death negligence.

Defective Products

Manufacturers of defective products are strictly liable for the injuries they cause. When a product defect causes a fatal injury, the manufacturer may face a lawsuit for wrongful death. Under strict liability principles, the manufacturer is liable even if it did not intend or even know about the defect in its products.

Toxic Chemicals

Toxic chemicals like pesticides, building materials, and consumer products can cause long-term cellular damage. As a result, victims may develop diseases like cancer decades after exposure. Lawsuits for Roundup and other toxic products are meant to compensate living victims and the families of deceased victims.

Dangerous Drugs

Some drugs have fatal side effects, such as an increased risk of stroke or heart attack. When patients die from these effects, families can file or participate in class action lawsuits against the drug company. The resulting wrongful death settlement can compensate these families for their losses.

Medical Malpractice

Medical malpractice happens when a medical provider fails to meet the professional standard of care. The resulting diagnostic and treatment errors can kill patients. After a patient dies of medical malpractice, the family can pursue a wrongful death action against the doctor, hospital, and other parties responsible for the fatal injury.

Who Can File a Wrongful Death Lawsuit?

Each state sets its own laws when it comes to who can file a wrongful death lawsuit. Many people mistakenly believe that any relative of a deceased person may file. However, in many states, only close relatives like these have the right to file:

• The deceased’s surviving spouse
• The deceased’s child(ren)
• The deceased’s parent(s)
• The deceased’s sibling(s)

Some states have even more restrictive laws on filing wrongful death suits. For example, in Connecticut, only the executor of the deceased’s estate may file.

If you have a complex family situation, it may be difficult to determine whether you have the right to file a wrongful death lawsuit. An experienced personal injury attorney should be able to review your case and give you an answer.

How Do You File a Wrongful Death Lawsuit?

In the wake of a loved one’s death, it can be hard to even think straight, let alone pursue legal action. Fortunately, you don’t have to navigate the process alone. Here’s a look at how to file a lawsuit:

1. Consult an Attorney

Your first step should be consulting a lawyer or firm with a focus on personal injury law and wrongful death. Your lawyer can determine whether you are still within the statute of limitations and whether you have a strong case.

Wrongful death lawyers cannot take on every case they encounter. However, if a lawyer thinks you have a good chance of winning, they will likely offer to represent you. Most work on contingency, meaning they only get paid if you do. If they recover compensation, you agree to pay them a percentage.

2. Investigate the Case

Your attorney will typically handle this part. They will gather evidence to show that the at-fault party’s negligence directly caused your loved one’s death, and they’ll also likely need to illustrate the financial and emotional impact the death has had on you and your family.

3. File a Lawsuit

Once your lawyer has assembled all the needed evidence to build a case, they will file a lawsuit against the responsible party. Depending on your state’s laws, the other party will have a set amount of time to respond.

4. Settlement Negotiations and Possible Trial

Most of the time, wrongful death cases (like most personal injury cases) are settled out of court. Your lawyer will likely try to come to an agreement with the other side. If they can’t reach a settlement, your case will be decided in court.

Contact ConsumerShield to Learn More

When you lose a loved one due to someone else’s wrongful or negligent actions, you need compensation and closure. ConsumerShield can analyze your situation and connect you with a wrongful death lawyer who can represent you. Contact us for a free case review.