Wrongful Death Lawsuits

A wrongful death lawsuit is a civil action (meaning noncriminal) that surviving family members or dependents bring on behalf of a fatally injured loved one. The purpose of a wrongful death suit is to seek financial compensation from a liable party. To recover damages, a plaintiff must prove that negligence, recklessness or intentional misconduct caused the death.

Before suing for wrongful death, become familiar with how to prove a wrongful death case, what constitutes wrongful death, who can file a lawsuit, and how to file a lawsuit below. 

What constitutes wrongful death?

When someone dies because of another person’s negligence or misconduct, it may constitute a wrongful death. 

A wrongful death lawsuit in civil court (noncriminal court) is separate and distinct from any criminal charges arising from a death. In a wrongful death civil lawsuit, plaintiffs bring the case on behalf of the fatally injured party. The penalty for causing a wrongful death is usually monetary damages. 

By comparison, in a criminal case, the government brings the charges. The penalty for murder or manslaughter is usually jail or prison.

Different causes of death may result in wrongful death civil litigation. These include:

• Automotive accidents: The Centers for Disease Control and Prevention (CDC) says that motor vehicle accidents are a leading cause of death in the U.S. According to CDC data for 2022, an average of more than 120 people died every day in connection with an accident on the highway. A car accident may result from the actions of a negligent driver, poor driving conditions, a defective vehicle or defective auto parts.
• Product liability: Product liability claims address injuries and deaths that manufacturing, design or marketing defects cause. These cases commonly involve defective or dangerous consumer products, medical drugs and devices, defective automobiles and component parts.
• Premises liability: Premises liability involves injuries that negligent or unsafe property conditions cause. Premises liability issues that could lead to wrongful death include dog bites and animal attacks, slip-and-fall accidents, fires, drownings and negligent security.
• Medical drugs and devices: Defective devices and drugs that don’t adequately warn of potential side effects may cause death.
• Toxic exposure: Toxic exposure results from contact with hazardous products and environments. It can involve pharmaceutical drugs, pesticides, herbicides, chemicals, building materials or contaminated food and water.

Motley Rice advocates for injured workers, consumers and families. 

We handle various fatal injury cases, including those involving:

• Asbestos-related diseases
• Aviation disasters
• Camp Lejeune contaminated water lawsuits
• Chemical exposure and contamination
• Childhood injuries
• Defective products and recalls
• Defective medical devices
• Exploding lithium-ion batteries
• Fires, explosions and burn injuries
• Head trauma
• Medical drugs and pharmaceutical lawsuits, including gastroparesis lawsuits, Ozempic® lawsuits, Mounjaro™ lawsuits and Wegovy® lawsuits
• Mesothelioma
• Nursing home abuse and neglect
• Spinal cord injuries
• Social media harm
• Terrorist attacks
• Transportation lawsuits
• Vehicle defects, including ARC airbag inflator lawsuits, Takata airbag injury lawsuits and gearshift defect lawsuits
• Women’s health lawsuits, including birth control lawsuits, breast implant lawsuits and hair relaxer lawsuits

If your loved one died because of negligence, recklessness or intentional wrongdoing, our wrongful death lawyers can discuss your case and may be able to help you recover damages.

Suing for wrongful death is a process that involves case building, filing a lawsuit and potentially going to trial. It can be complex, but a wrongful death lawyer with case experience can guide you and manage your claim. 

The very first step should be to consult with an attorney regarding your claims, to see if you should file a lawsuit. A lawyer with wrongful death experience can help determine how to approach each case. If you decide to proceed, they will then help with evidence collection and begin to build your case to prove wrongful death.

Proving wrongful death

The standard of proof for a wrongful death is lower than the standard for murder or manslaughter, which are criminal cases. In a civil case, a plaintiff’s lawyers must prove the defendant’s culpability based on a “preponderance of the evidence.” In a criminal case, a plaintiff’s attorneys must prove the defendant’s guilt beyond a reasonable doubt.

The evidence in a wrongful death lawsuit must demonstrate that the defendant’s actions did not match what most others would find reasonable or necessary. Likewise, the evidence must also show that the death of the plaintiff’s loved one was a result of the defendant’s actions. Finally, the plaintiff must prove the death led to pain and suffering and financial losses for the deceased’s surviving family members.

Proving wrongful death can be difficult, especially while coping with the loss of a loved one. A wrongful death lawyer can work with you to explore your legal options and help build your case. 

Filing a wrongful death lawsuit

The first step in filing a wrongful death lawsuit is determining your eligibility to take legal action and the timeline for doing so. These variables are based on the laws in your state.

Every state has individual laws that govern who can file a wrongful death action. In some states, legal action is limited to a deceased’s surviving spouse, children or parents. Other states allow additional relatives to pursue a case. Certain states require that the deceased’s legal representative (executor) file the claim on behalf of eligible beneficiaries.

How long you have to file — a deadline known as the statute of limitations — will also vary by state. Most states allow one to three years, but some allow longer. Sometimes, the specific facts of a case can reduce or extend the time limit. Cases not filed within the statute of limitations may be forever barred.

A wrongful death lawyer will talk with you about the impact of state laws on your case. 

Going to trial

Many wrongful death civil lawsuits don’t go to trial. Cases usually begin with consulting a wrongful attorney about your legal options. In some cases, you may be able to seek compensation with an insurance claim, established bankruptcy trust or through other avenues. If other options aren’t available, your attorney can file suit. In some cases, your attorney will recommend pursuing multiple courses of action to receive compensation. 

Once your attorney files suit, your lawyer and the defendant’s lawyer will exchange information and evidence. This process is called discovery. Settlement negotiations may also begin. If parties can reach a fair settlement agreement, the case may never go before the court.

If a pre-trial settlement isn’t reached, each side’s legal counsel will present their case before a judge or jury that will render a judgment at the end of the trial. Parties can still agree to settle at any point during the proceedings, and this includes negotiating a verdict after it’s issued.

Motley Rice attorneys have experience negotiating settlements and litigating trials for complex wrongful death lawsuits.

Wrongful death compensation is the money plaintiffs seek for damages caused by their loved one’s fatal injury. Compensation may include tangible and intangible losses. 

Wrongful death damages

Wrongful death damages include monetary expenses related to the death. Damages may also include more subjective amounts awarded for pain, suffering and inconvenience. In some circumstances, the court may order that the defendant pay punitive damages as well. 

While every case is unique, wrongful death plaintiffs typically may recover compensation for:

• Medical expenses
• Funeral and burial costs
• The deceased’s lost wages and expected future income
• The deceased’s lost services and support
• The deceased’s mental and emotional suffering and physical pain before death
• Survivors’ pain and suffering

Wrongful death settlements

Wrongful death settlements vary based on the facts of each case. The amount a plaintiff can recover will depend on factors such as the wrongful death victim’s age, wages and fatal injury. 

In addition, state statutes determine who can recover wrongful death compensation. While some states limit recovery to a deceased’s surviving spouse or children, other states allow parents, siblings and other relatives to receive awards.

How long it takes to secure a wrongful death settlement also varies from case to case. In general, the process can take anywhere from several months to a year or longer. The more complex your legal claim, the longer it may take to resolve it.

Motley Rice works closely with clients who’ve had their lives affected by preventable injuries. If that’s you, we know your family is facing a difficult time and you likely never imagined having to pursue a wrongful death claim. We’re here to walk you through the process with compassion and knowledge. 

Our wrongful death attorneys will stand by your side in and out of the courtroom, providing answers, resources and support. We can seek accountability and fight for justice after the loss of your loved one. Let us focus on your legal issue so you can focus on helping your family heal.

Contact our law firm today or call 1.800.768.4026 to discuss your case during a free consultation.