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Wrongful death occurs when someone loses their life because of another person or entity’s negligence, recklessness, or misconduct. While a criminal case may also arise from the death, such as charges for manslaughter or murder, a wrongful death lawsuit is a separate civil action. Unlike a criminal case, the burden of proof in a wrongful death claim is lower, which means liability can be established even if criminal charges are not successful.
What situations can lead to a wrongful death lawsuit?
- Medical malpractice
- Motor vehicle accidents
- Defective or dangerous products
- Exposure to toxic substances
- Criminal acts
Each state has its own wrongful death laws that set out who can bring a claim, how it must be filed, and the damages that may be recovered. Some government agencies may also have immunity from these lawsuits, depending on state law.
Who can file a wrongful death lawsuit?
A wrongful death claim is typically brought by a personal representative on behalf of the surviving family members or dependents of the deceased. These individuals are referred to as the “real parties in interest.” In every state, spouses, children, and the parents of unmarried children are eligible to file a claim. In some states, additional parties such as putative spouses, financial dependents, siblings, or grandparents may also be permitted to bring a claim. The representative must prove that the death was caused by negligence or intentional misconduct, that the family members suffered harm as a result, and that they are legally entitled to seek damages.
What damages can be recovered?
A successful wrongful death lawsuit may provide compensation for both economic and non-economic damages:
- Economic damages: Medical expenses related to the injury, funeral and burial costs, loss of financial support, and loss of inheritance. Courts may rely on expert testimony to estimate the deceased’s life expectancy, earning capacity, and potential future income
- Non-economic damages: Loss of companionship, guidance, care, or consortium, as well as any pain and suffering the victim experienced before death.
- Punitive damages: In some states, juries may award punitive damages if the death was caused by extreme negligence or intentional wrongdoing. However, most states do not allow punitive damages in wrongful death cases.
