Losing a family member unexpectedly can create emotional and financial problems at the same time. When a death is caused by another person’s negligence or wrongful conduct, certain family members may be able to bring a wrongful death claim.
These claims are different from criminal cases. Their purpose is generally to seek financial compensation for losses connected to the death.
What Is a Wrongful Death Claim?
A wrongful death claim may arise when someone dies because of the actions or negligence of another person or business.
Common situations can include:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian accidents
- Dangerous property conditions
- Defective products
- Other serious accidents caused by negligence
The specific requirements for bringing a claim depend on the law of the state where the case is filed.
Who Can File a Wrongful Death Claim?
Not every relative automatically has the right to file a wrongful death lawsuit.
State law determines who is eligible, but potential claimants may include a surviving spouse, domestic partner, children, or other close family members in certain circumstances.
The rules can become more complicated when there are multiple surviving relatives or when the person who died did not have a spouse or children.
Because eligibility depends heavily on state law, a wrongful death lawyer may review the family relationship and circumstances surrounding the death when determining who may have the right to pursue a claim.
What Must Be Proven?
A wrongful death case generally requires showing that another party was legally responsible for the death.
That may involve proving that a person or business acted negligently, violated a legal duty, or otherwise caused the fatal accident.
Evidence can include:
- Police or accident reports
- Witness statements
- Photos or video
- Medical records
- Vehicle data
- Expert analysis
- Employment and financial records
The type of evidence needed depends on how the death occurred.
What Types of Losses May Be Included?
Wrongful death claims can involve several different types of financial and personal losses.
Depending on the law that applies, damages may include:
- Funeral and burial expenses
- Lost financial support
- Loss of household services
- Loss of companionship
- Loss of guidance or support
- Other financial losses related to the death
The amount of compensation available can depend on factors such as the person’s age, income, family relationships, and life expectancy.
Lost Income Can Be a Major Part of a Claim
If the person who died provided financial support to a household, the loss of future income may be an important part of the case.
Calculating that loss may require looking at:
- Past earnings
- Employment history
- Expected future income
- Benefits
- Retirement contributions
- Expected working years
In some cases, financial or economic experts may be used to estimate the value of future lost support.
Household Contributions May Also Matter
Financial losses are not always limited to wages.
A person may have contributed to a household by providing childcare, transportation, home maintenance, cooking, or other services.
Replacing those responsibilities may create additional expenses for surviving family members.
These contributions can sometimes be considered when evaluating the financial impact of the death.
Evidence Should Be Preserved Early
As with other serious injury cases, evidence can become harder to obtain over time.
Surveillance footage may be deleted, vehicles may be repaired, and witnesses may become more difficult to locate.
Preserving records and evidence early can help create a clearer picture of what happened.
In cases involving a fatal accident, a personal injury attorney may review accident evidence, insurance information, and financial records to evaluate the losses connected to the death.
Wrongful Death Claims Have Filing Deadlines
Wrongful death lawsuits are subject to statutes of limitations, which establish deadlines for filing a case.
The exact deadline depends on state law and the circumstances surrounding the death. Some situations may involve shorter deadlines or additional requirements.
Waiting too long can affect whether a claim can be filed, so families often need to determine the applicable deadline relatively early.
Insurance Coverage Can Affect the Case
Insurance may play a major role in wrongful death claims arising from accidents.
Potential coverage could come from:
- Auto insurance
- Commercial vehicle policies
- Business liability insurance
- Property insurance
- Other applicable policies
If several people or businesses contributed to the accident, more than one insurance policy may be involved.
Understanding the Claim
A wrongful death claim is ultimately about the losses suffered by the surviving family members after a preventable death.
Determining who may file, what damages may be available, and who may be responsible requires looking closely at both the circumstances of the accident and the law that applies.
Because every case is different, the evidence, family relationships, and financial impact of the loss all play a role in how a wrongful death claim is evaluated.
