Wrongful death claims - what families need to understand

Families grieving the loss of a loved one due to someone else's negligence or recklessness should know that wrongful death claims allow them to pursue monetary compensation for their financial and emotional losses.

Such lawsuits, which are civil in nature, can compensate survivors for damages like burial/funeral expenses, medical bills, and loss of future income and companionship. They're also common, as many incidents can lead to the death of a person due to personal injury.

Deaths from vehicle crashes (MVCs) are a prime example. According to the National Highway Traffic Safety Administration (NHTSA), MVCs claimed the lives of an estimated 17,140 people in the first half of 2025 alone.

Equally crucial to know, however, is that claimants or plaintiffs (those filing the suit) must establish the burden of proof. Understanding how these fatal accident lawsuits work can help families prepare better when navigating wrongful death claims.

Who Can Sue for Wrongful Death?

The exact laws vary from one state to another. In most cases, however, the immediate family of a person who dies due to someone else's negligence, recklessness, or intentional action has legal rights in wrongful death claims. Examples include the deceased individual's:

• Surviving spouse
• Executor or personal representative
• Surviving children
• Parents

Some states also allow other dependents to pursue compensation for wrongful death. An example is a domestic partner. Even if they aren't legally married to the deceased, they may be able to file a claim.

What Is the Burden of Proof for Wrongful Death? 

In wrongful death claims, the term "burden of proof" refers to the plaintiff's legal obligation to provide adequate evidence and present it to a judge or jury.

The evidence must support the validity of the plaintiff's claim. It usually requires a "preponderance of the evidence," which means that the defendant's actions are "more likely than not" the cause of the deceased person's death.

Plaintiffs must establish and prove four key elements to increase their likelihood of winning the lawsuit. They include:

1. Duty of care: The defendant owed the person who died a legal duty to act safely
2. Breach of duty: The defendant failed to meet their duty of care, either because of their wrongful action, such as recklessness or intentional behavior, or negligence
3. Causation: The defendant who breached their duty of care directly caused the deceased individual's death
4. Damages: The losses suffered by the deceased and their survivors, such as funeral and burial costs, medical expenses, and loss of income and companionship

Common types of evidence that plaintiffs can use to establish the above include medical records and police reports. Expert testimony (e.g., from accident reconstructionists and industry professionals) and credible witness statements can also serve as proof.

What Incidents Can Lead to Wrongful Death?

In addition to motor vehicle accidents, medical malpractice cases can also involve wrongful death, as noted by this web page on Paul da Costa, Sarno Law Firm.

In medical malpractice situations, the deceased individual may have died due to their healthcare provider's negligence, such as a surgical error or a misdiagnosis. It can also result from a doctor's medication-related mistake (e.g., prescribing the wrong medicine).

Workplace accidents can also result in wrongful death. An example is if an employer failed to fulfill one or more of their obligations to ensure workplace safety, which led to an employee suffering an injury that subsequently led to their demise.

Wrongful death claims may arise from slip-and-fall incidents, too. Falls are very common and a leading cause of injury and death, particularly among seniors.

According to the National Safety Council, in 2023 alone, over 8.8 million people had to seek emergency room treatment for fall-related injuries. The NSC also noted that it's the number one cause of death in older individuals.

How Are Wrongful Death Settlements Paid Out? 

The recipients (i.e., the plaintiffs) typically receive the payout for wrongful death claims in one of two ways: a lump-sum settlement or a structured settlement.

With a lump sum payment, the plaintiffs receive the compensation as a one-time full payment. They gain immediate access to the entire settlement amount, which they can then use to pay off their dear departed's past medical bills, funeral expenses, or debt.

A structured settlement, on the other hand, is a payment model in which the defendant (or their insurance company) pays the settlement amount in installments or increments over a specified period. They can make payments once every year (annual), every six months (bi-annual), or every month.

With a structured settlement, plaintiffs receive a steady stream of payments (or income). In some cases, this payment plan may even provide tax benefits to the recipients.

Frequently Asked Questions 

Can You Pursue Compensation for Pain and Suffering as Part of a Wrongful Death Claim?

Yes, wrongful death claims can also cover pain and suffering. It aims to address and alleviate, even if just slightly, the agony and emotional anguish of the surviving family members for losing a loved one.

"Pain and suffering" is a type of non-economic damage that provides compensation for mental anguish, loss of companionship, and grief.

Do You Need Professional Family Legal Guidance for a Wrongful Death Claim?

There's no law mandating surviving family members to hire an attorney to file a wrongful death claim. However, enlisting the services of a personal injury lawyer with extensive experience handling wrongful death claims is highly advisable.

Personal injury attorneys use their specific legal knowledge of wrongful death claims to help plaintiffs navigate complex state laws. They also take over the "responsibility" of establishing liability by gathering evidence on behalf of their clients.

With a personal injury lawyer, plaintiffs are more likely to secure maximum compensation while avoiding low-ball offers from insurers.

Get Professional Legal Help for Wrongful Death Claims 

While surviving family members of an individual who died due to someone else's negligence or recklessness have the right to file wrongful death claims, the burden of proving the defendant's wrongdoing is on them.

Hiring a legal expert, specifically a personal injury lawyer, is therefore highly advisable in these situations. With the help of a highly experienced attorney, survivors are more likely to see the best possible results with their case.

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This article was prepared by an independent contributor and helps us continue to deliver quality news and information.