By Bob Paterson The unexpected death of a family member can create emotional as well as financial hardship. When a person dies because of another party’s negligence, wrongful act, or misconduct, U.S. law may allow certain surviving family members or the deceased person’s estate to seek compensation through a wrongful death lawsuit.
Wrongful death cases are civil claims rather than criminal prosecutions. Their main purpose is to compensate eligible survivors for losses connected with the death. However, wrongful death law is largely governed by individual states, so the rules concerning who can file, available damages, and filing deadlines can vary considerably across the United States.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is generally brought when a person dies because of conduct that could have created legal liability if the person had survived.
Such claims may arise from negligence, carelessness, unsafe conduct, or other wrongful acts. Texas law, for example, recognizes liability when a death results from another party’s wrongful act, neglect, carelessness, unskillfulness, or default.
The lawsuit is normally brought against the individual, company, organization, or other party allegedly responsible for causing the fatal injury.
Common Causes of Wrongful Death Claims
Wrongful death lawsuits can arise from many different incidents. Here are some of the most common causes of wrongful death claims.
1. Car and Truck Accidents
Motor vehicle accidents are a common cause of wrongful death claims. A claim may arise when a fatal accident is caused by speeding, distracted driving, drunk driving, reckless driving, or another form of negligence.
2. Medical Malpractice
A wrongful death claim may result from medical negligence, such as misdiagnosis, medication errors, surgical mistakes, delayed treatment, or failure to properly monitor a patient. Medical malpractice cases generally require evidence showing that the healthcare provider’s conduct fell below the applicable standard of care and caused the death.
3. Defective Products
Manufacturers and other businesses may potentially be held responsible when a defective or dangerously designed product causes someone’s death. Examples can include defective vehicles, machinery, medical devices, medications, and other consumer products.
4. Workplace Accidents
Fatal workplace accidents may lead to legal claims depending on the circumstances. Construction accidents, machinery accidents, falls, fires, and exposure to hazardous conditions are some examples. Workers’ compensation laws may also apply, and claims against third parties may be possible in certain situations.
5. Premises Liability
Property owners or occupiers may potentially face liability when dangerous conditions on their property contribute to a person’s death. Examples can include unsafe stairs, structural hazards, certain slip-and-fall accidents, or inadequate security where a legal duty existed.
6. Nursing Home Neglect or Abuse
The death of a nursing home resident may result in legal action when neglect or abuse contributed to the death. Potential issues include medication errors, malnutrition, dehydration, inadequate medical care, falls, and physical abuse.
7. Intentional or Criminal Acts
A wrongful death claim can also arise when an intentional act, such as an assault, causes someone’s death. A civil wrongful death lawsuit is separate from a criminal case, meaning a person may potentially face both criminal prosecution and civil liability.
Who Can File a Wrongful Death Lawsuit?
The answer depends heavily on the state where the claim is brought.
Some states permit specified relatives to bring the lawsuit directly, while others require the personal representative of the deceased person’s estate to file it on behalf of eligible beneficiaries.
California law, for example, allows specified surviving family members or the deceased person’s personal representative to pursue a wrongful death claim. New York generally requires the deceased person’s personal representative to maintain the action.
Texas law identifies the surviving spouse, children, and parents as beneficiaries who may bring an action under its wrongful death statute.
Because eligibility rules differ, being related to the deceased does not automatically mean that a person has the legal right to file a wrongful death lawsuit.
Damages Available in Wrongful Death Cases
Compensation in a wrongful death case depends on state law and the particular circumstances surrounding the death.
Economic damages may include lost financial support, lost earnings or benefits, funeral and burial expenses, and certain other measurable financial losses.
Depending on the state, eligible survivors may also seek compensation for non-economic losses connected with the death, such as the loss of companionship, care, guidance, or other recognized family relationships.
Some jurisdictions permit additional categories of damages in particular circumstances. The amount ultimately recovered depends on factors such as the deceased person’s age, earnings, family circumstances, evidence of financial contribution, and applicable state law.
How a Wrongful Death Lawsuit Is Proven
A successful wrongful death case generally requires evidence connecting the defendant’s conduct with the fatal injury.
Depending on the case, evidence may include accident reports, photographs, video recordings, medical records, employment and income records, witness statements, expert testimony, vehicle information, product records, and other relevant documents.
The plaintiff normally must establish the required elements under the applicable civil-law standard. The exact elements can vary depending on whether the case involves ordinary negligence, medical malpractice, product liability, or another legal theory.
A criminal conviction is not necessarily required before a wrongful death civil action can proceed. Some state statutes expressly recognize wrongful death claims even when the circumstances could also involve criminal conduct.
Time Limit for Filing a Wrongful Death Lawsuit
Wrongful death lawsuits are subject to statutes of limitations. Missing the applicable deadline can prevent an otherwise valid claim from proceeding.
There is no single filing deadline covering every wrongful death lawsuit in the United States because state laws differ. New York, for example, generally provides a two-year period from the date of death for its statutory wrongful death action, although exceptions can apply.
The deadline may also be affected by the identity of the defendant, the type of claim, government-claim requirements, medical malpractice rules, or other special circumstances.
For this reason, families should determine the applicable deadline as early as possible rather than assuming that the time limit is the same in every state.
Wrongful Death Lawsuits and Settlements
Many wrongful death claims are resolved through negotiated settlements rather than a complete trial. During settlement negotiations, the parties may examine questions of liability, insurance coverage, financial losses, future support, and the strength of the available evidence.
If an agreement cannot be reached, the case may proceed through litigation and potentially to trial, where a judge or jury can determine liability and damages according to the applicable law.
Settlement amounts vary widely because every wrongful death case involves different facts. The circumstances of the death, age and income of the deceased, number of dependents, evidence of negligence, insurance coverage, state law, and available damages can all influence the value of a claim.
Wrongful death lawsuits provide a civil legal remedy for families who have lost someone because of another party’s legally actionable conduct. However, there is no single nationwide wrongful death rule. Anyone considering such a claim should pay particular attention to the law of the state involved, the people legally entitled to bring the action, the damages permitted, and the applicable filing deadline.