Who Can File a Wrongful Death Lawsuit?

• Immediate family members (such as spouses, children, and sometimes parents) are typically eligible to file a claim.

• In some cases, other dependents or those financially reliant on the deceased may also have standing.

Essential Elements for a Wrongful Death Claim

• Duty of Care. The defendant owed a legal duty of care to the deceased (e.g., a driver must operate a vehicle safely, a doctor must provide competent medical care).

• Breach of Duty. The defendant breached that duty through negligent or intentional actions (e.g., reckless driving, medical malpractice).

• Causation. The breach of duty directly caused the death. There must be a clear link between the defendant’s actions and the fatality.
• Damages. The surviving family members suffered quantifiable losses as a result of the death, such as medical bills, funeral expenses, lost income, loss of companionship, and emotional suffering.

Legal Process

• Filing the Lawsuit: Begins with a legal complaint outlining the basis for the claim and the damages sought.

• Discovery: Both sides gather and exchange evidence, including depositions and documents.

• Settlement or Trial: Many cases settle out of court, but if not, the case proceeds to trial where a judge or jury decides the outcome.

Defenses in Wrongful Death Cases

• Comparative Negligence: The defense may argue that the deceased was partially responsible for their own death, which can reduce or bar recovery depending on state law.

• Assumption of Risk: The defendant might claim the deceased knowingly engaged in a dangerous activity.

Damages Available

• • Economic Damages: Medical expenses, funeral costs, lost wages, and loss of future earnings.

  • Non-Economic Damages: Pain and suffering, loss of companionship, emotional distress.

  • Punitive Damages: In cases of gross negligence or intentional harm, additional damages may be awarded to punish the wrongdoer.