A wrongful death claim is fundamentally a personal injury claim where the victim died. You must establish the following four elements, often referred to as negligence:
- Duty of Care: You must prove the defendant (the person or entity being sued) had a legal responsibility to act reasonably toward the deceased person.
- Example: A driver has a duty to obey traffic laws; a doctor has a duty to provide a professional standard of care; a property owner has a duty to maintain safe premises.
- Breach of Duty: You must prove the defendant violated or “breached” that duty of care through negligence, recklessness, or intentional misconduct.
- Example: A driver texting while driving, a doctor misdiagnosing a life-threatening condition, or a property owner ignoring a known dangerous hazard.
- Causation: You must establish a direct link between the defendant’s breach of duty and the death. This is often called the “but-for” test (i.e., the death would not have happened but for the defendant’s actions).
- Example: The distracted driver’s failure to stop at a light directly caused the collision that resulted in the death.
- Damages: You must prove that the death resulted in measurable losses for the surviving family members or the estate.
Proving Damages
This is a critical part of the case, and damages are typically broken down into two main categories:
| Type of Damage | Examples |
| Economic Damages (Quantifiable Financial Losses) | * Funeral and burial expenses |
| * Medical bills related to the final injury/illness | |
| * Loss of the deceased’s expected future income and financial support | |
| * Loss of potential inheritance | |
| Non-Economic Damages (Non-Monetary Losses) | * Mental pain and suffering of the survivors |
| * Loss of companionship, comfort, society, and guidance | |
| * Loss of services (e.g., childcare, household maintenance) | |
| Punitive Damages | Awarded in rare cases to punish the defendant for particularly egregious or willful misconduct. |
️ Key Strategies for Success
- Gathering Evidence: Success relies on meticulous evidence collection, including police/accident reports, medical and autopsy records, financial records (income, taxes), photos/videos, and witness statements.
- Expert Testimony: You will often need experts (e.g., medical, financial, or accident reconstruction) to help prove the link between the negligence and the death, and to accurately calculate future economic losses.
- Adhering to the Statute of Limitations: Wrongful death lawsuits have strict time limits for filing, which vary by state. Missing this deadline will almost certainly result in the case being dismissed.
Because wrongful death lawsuits are complicated and highly state-specific, consulting with an experienced attorney is vital to ensure all elements are properly investigated and presented.
