What Is A Wrongful Death Claim?

Posted January 20, 2025 | Personal Injury Blog

Losing a loved one in an unexpected death is devastating. When this loss has been caused by someone else’s recklessness or negligence, the tragedy may be felt even more deeply.

While no amount of compensation can make up for death, a wrongful death claim can allow surviving family members to seek justice and financial relief. In this article, we will discuss what a wrongful death claim is, who can file one, and the types of compensation that may be available.

Wrongful death lawyers help families like yours seek justice when another party causes the death of a family member due to negligence or other actions. 

Understanding Wrongful Death Claims

A wrongful death claim is a type of personal injury case. Typically, in a personal injury case, the injured individual files a claim to recover damages against the party who harmed him or her. 

If individuals die due to their injuries, they are, of course, unable to file a lawsuit themselves. However, their surviving family members can do so for them – in two different ways: a wrongful death action or a survival action.

In a sense, a survival action is essentially filing a personal injury lawsuit on behalf of your deceased family member. This is a means for you to seek the damages that he or she could have. 

Meanwhile, the goal of a wrongful death claim is to hold the at-fault party accountable for their actions, provide financial support for the deceased’s family members, and cover damages pinned on the family by their loss. 

Who Can File a Wrongful Death Claim?

The parties eligible to bring a wrongful death lawsuit vary from state to state. In most states, immediate family members have the right to file a wrongful death claim. 

The rules are typically as follows:

• Spouses: Surviving wives or husbands often are the first to have legal standing
• Children: Biological and legally adopted children can pursue compensation
• Parents: If the deceased did not have a spouse or children, his or her parents may file a claim

Some state laws allow siblings or other extended family members to pursue a wrongful death claim. Also, a personal representative or executor of the deceased’s estate may bring the claim on behalf of the beneficiaries. 

What Is Needed for a Wrongful Death Claim to Be Successful?

For a wrongful death claim to be successful, you must be able to prove the following four elements:

• Duty of care: The defendant owed a duty of care to your deceased loved one. As an example, product manufacturers have a duty to test their products and ensure they are safe for consumers. 
• Breach of duty: The defendant violated this duty through negligence or intentional misconduct. Continuing with our example, a product manufacturer knew a product was defective but continued to produce it anyway.
• Causation: You must provide evidence demonstrating that the breach of duty caused the defendant’s death. 
• Damages: This involves proving that the death resulted in losses such as burial costs and pain and suffering. 

Evidence Used in Wrongful Death Claims

Successful wrongful death claims are built on solid evidence. Your personal injury attorney can help you gather and present needed evidence. 

Evidence used to prove fault and liability in wrongful death cases may include:

• Eyewitness statements
• Police reports
• Medical records
• Dashcam or surveillance footage
• Certified copies of the death certificate
• Statements or admissions of fault made by the defendant
• Testimony from accident reconstructionists and other expert witnesses

Damages Available in Wrongful Death Cases

Compensation recovered in a wrongful death claim can help families cope with financial and emotional challenges. 

A wrongful death lawyer may be able to help you pursue the following damages:

• Medical expenses related to your loved one’s fatal injury
• Loss of wages and future earnings
• Funeral and burial costs
• Pain and suffering
• Loss of consortium
• Loss of support and guidance
• Loss of inheritance

In cases of gross negligence or intentional actions, the court may award punitive damages to punish the offender and deter others from acting similarly in the future. 

The Role of a Wrongful Death Lawyer

While you are not legally required to hire a lawyer in wrongful death cases, it is often in your best interests to do so. Navigating the complexities of filing a wrongful death claim and negotiating with insurance companies is challenging – especially while you are still grieving the loss of your loved one.

Consider some of the many ways a wrongful death attorney can help:

• Investigating the circumstances of your loved one’s death and gathering evidence
• Identifying all liable parties
• Calculating the full extent of damages
• Filing your claim
• Communicating and negotiating with the defendants and their insurance companies
• Offering support and guidance
• Litigating your case before a judge and jury if needed 

You Have Limited Time to File a Wrongful Death Claim

All personal injury cases, including wrongful death cases, are subject to a statute of limitations. Which means you don’t have forever to file a wrongful death case. 

The time limit to file a wrongful death lawsuit depends on the state where you are filing. In Texas, the statute of limitations is 2 years from the date of your loved one’s death. 

It is essential to file your case within the allotted statute of limitations; failure to do so can result in you losing the right to seek compensation for your loss. This is one reason why you need to speak with a wrongful death attorney as soon as possible – to ensure you do not miss this crucial deadline.

Schedule a Free Consultation With a Wrongful Death Lawyer Today

Have you tragically lost someone you love in a death caused by someone else’s negligence? If so, our compassionate wrongful death attorneys are here to help. Our law firm has years of experience in handling wrongful death cases, and we want to see you get through this difficult time.

We know that no amount of money could ever replace the loved one you have lost, but receiving financial compensation can give you one less thing to worry about in the aftermath of your loss. 

If you are considering filing a wrongful death claim, don’t hesitate to seek legal advice. Contact our knowledgeable and compassionate legal team today. Call us at (877) 880-4090 or complete the contact form to schedule an appointment. 

Photo by Sora Shimazaki