Wrongful Death?

A wrongful death claim is a civil lawsuit filed when someone dies as a result of another party’s negligence, recklessness, or misconduct. These claims are typically brought by surviving family members or the representative of the deceased person’s estate to seek compensation for the losses caused by the death.

To establish a wrongful death claim, it generally must be shown that another party owed the deceased a duty of care, that the duty was breached through negligent or wrongful actions, and that the breach directly caused the fatal injury. Compensation may help cover losses such as medical expenses, funeral costs, lost income, and the emotional impact on surviving family members. While no amount of money can replace the loss of a loved one, a wrongful death claim can help families pursue accountability and financial stability during an incredibly difficult time.

Not every tragic death results in a wrongful death claim. To pursue a case, it must typically be shown that another person or entity acted negligently or wrongfully in a way that caused the death. Several factors are usually evaluated when determining whether a wrongful death case may exist:

• Negligence or misconduct: Another party’s actions or failure to act contributed to the death
• Causation: There must be a direct connection between the negligent conduct and the fatal injury
• Eligible claimants: Only certain family members or estate representatives can bring a claim
• Damages: The death resulted in measurable losses, such as medical bills, funeral expenses, or lost financial support

An experienced attorney can review the circumstances of the incident and help determine whether your family may have legal options to pursue compensation.

In most cases, a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate on behalf of surviving family members. However, the specific rules vary depending on state law.

Individuals who may be eligible to bring or benefit from a wrongful death claim often include:

• Spouses or domestic partners
• Children of the deceased
• Parents, particularly if the deceased was a minor
• Other dependents or family members, depending on state law

Because the laws governing wrongful death claims differ across states, speaking with an experienced attorney can help clarify who may have the legal right to file a claim.

A wrongful death claim is intended to help surviving family members recover compensation for the financial and emotional losses caused by the death of their loved one.

Depending on the circumstances of the case, compensation may include:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Lost income and financial support the deceased would have provided
• Loss of companionship or guidance experienced by surviving family members
• Emotional suffering caused by the loss

Because every wrongful death case is unique, the compensation available will depend on the specific circumstances surrounding the death and the losses experienced by the surviving family.

Wrongful death cases can be complex and emotionally difficult for families to navigate. Having experienced legal representation can help ensure the circumstances of the death are thoroughly investigated and that responsible parties are held accountable.

Morgan & Morgan is the largest personal injury law firm in the country, with more than 1,000 attorneys and over 35 years of experience representing injured clients and their families. Our firm has recovered more than $30 billion for people harmed by negligence, and we have the resources to pursue claims against individuals, corporations, and insurance companies.

Morgan & Morgan works on a contingency fee basis, meaning the Fee Is Free™; you only pay if we win your case. If you believe your loved one’s death may have been caused by negligence, you can start today with a free case evaluation to learn more about your legal options.