If your family has lost a loved one due to someone else's intentional act or negligence, you may be eligible for wrongful death compensation.
Parties often qualified to file a wrongful death lawsuit are surviving spouses and children. Parents may also pursue defendants (e.g., the deceased is a minor or has no spouse).
A prime example of a case constituting wrongful death is a motor vehicle crash (MVC) fatality caused by another driver's negligence. MVCs are leading causes of death, claiming the lives of an estimated 17,140 people in the first half of 2025, per the National Highway Traffic Safety Administration (NHTSA).
With a wrongful death claim, survivors can seek compensation for damages. While there's no amount of money that can replace a lost loved one, the financial recourse won from this civil claim can provide families with financial stability and future support.
What Is an Example of Wrongful Death?
Aside from fatalities arising from motor vehicle collisions, deaths caused by medical malpractice or errors may also constitute wrongful death. Other examples are fatalities resulting from slip-and-fall incidents.
Medical Malpractice or Errors
According to an article's excerpt in the National Library of Medicine, one study estimated that over 200,000 patient deaths yearly are attributable to preventable medical errors. It also notes that medical errors are the third leading reported cause of death in the United States.
Eligibility for wrongful death arising from medical malpractice or errors stems from the failure of a healthcare provider to deliver the accepted standard of care.
If the failure was the direct cause of the deceased person's death, survivors have the right to seek a family compensation claim. Examples include misdiagnosing diseases and committing surgical mistakes (e.g., wrong site, wrong procedure, or leaving foreign objects inside the patient's body).
Slip-and-Fall Incidents (Premises Liability)
Deaths from slip-and-fall incidents fall under premises liability, a legal doctrine that holds negligent property owners, managers, or occupiers liable for injuries that befall visitors due to their premises being:
- Unsafe
- Hazardous
- Ill-maintained
A concrete example is when someone slips on a faulty staircase, falls, and hits their head hard on a stone floor. It can result in severe head trauma, which can then lead to death.
What Kind of Attorney Handles Wrongful Death?
If your family's loss is a result of negligence, recklessness, or another intentional act, it would be in your best interest to find a personal injury attorney specializing in wrongful death.
Personal injury lawyers are the type of legal professionals to seek the help of in wrongful death claims, as they have the specialized skills, knowledge, and expertise in tort and liability cases. They can help you:
- Calculate complex damages (e.g., loss of companionship and future earning potential)
- Navigate specific laws in your state
- Manage insurance negotiations
- Maximize your compensation
What Makes Your Family Qualified for Wrongful Death Compensation?
While you and your surviving family members have wrongful death legal rights to pursue damages, you must meet four compensation qualification criteria. They're the same critical elements in personal injury cases (with or without death), which plaintiffs (the party filing the claim) must establish and prove.
First is the defendant's duty of care. The defendant must have owed the deceased individual a legal duty to act and behave safely (e.g., drive prudently and in accordance with all road laws and regulations).
Next is breach of duty. The defendant must have failed to satisfy their duty of care because they were negligent, reckless, or committed an action with intention (e.g., driving under the influence and speeding).
The third is causation. The defendant's action or negligence must be the direct cause or reason behind the deceased person's passing.
Damages make up the fourth and final factor. The term refers to the losses the deceased individual and their survivors have suffered. It may include medical and hospital bills, funeral/burial expenses, loss of income, and loss of companionship.
If all four elements are present in your case and you can prove all of them, your family is likely to qualify for wrongful death compensation.
Frequently Asked Questions
Is It a Legal Requirement to Hire a Wrongful Death Lawyer?
No, there's no state or federal law that requires plaintiffs to enlist the services of a wrongful death or personal injury lawyer to file a case or lawsuit. You and your family have the constitutional right to represent yourselves.
Why Should Your Family Consider Hiring a Personal Injury Attorney?
Wrongful death claims are complex, requiring grieving plaintiffs to prove the four critical elements. Without a lawyer, you and your family could face significant challenges in gathering evidence, meeting legal deadlines, and valuing damages.
Having a highly experienced personal injury attorney specializing in wrongful death on your team, on the other hand, allows you and your family to focus on grieving, healing, and recovering.
Meanwhile, your lawyer will manage all the complexities of the process, from gathering evidence to establishing the four elements and negotiating with insurers. If necessary, your attorney may even take your case to court, such as if the other party doesn't want to settle or is engaging in unfair practices.
How Do Wrongful Death Attorneys Get Paid?
Wrongful death attorneys, as a specific type of personal injury lawyers, typically work and provide services on a contingency basis. It means they would only charge you a percentage of the damages awarded to you if they're successful in winning your case.
You may have read about or seen the term "no win, no pay." It's the most straightforward way to describe how personal injury attorneys often get paid.
The exact percentage varies, but this is one of the first things that reputable, trustworthy lawyers will discuss with you during your initial consultation, which they also usually provide for free.
Reach Out to a Personal Injury Lawyer for Expert Advice on Wrongful Death
Your family may be eligible for wrongful death compensation if you can prove the four elements (duty of care, breach of duty, causation, and damages). With an experienced, skilled personal injury attorney, you can make this process smoother, giving your family the time and chance to grieve and heal.
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This article was prepared by an independent contributor and helps us continue to deliver quality news and information.