How to Sue for Wrongful Death: 5 Key Steps

It’s a common misconception that you can only pursue a wrongful death claim if the person responsible has been convicted of a crime. The truth is, a civil lawsuit is a completely separate process with a different goal: securing financial compensation for your family’s devastating loss. The legal standard is also different, which means you can successfully sue for wrongful death even if no criminal charges were ever filed. This guide will walk you through the four essential elements you must prove in a civil case, explain what kind of compensation your family may be entitled to, and help you understand the critical first steps.

Key Takeaways

• A wrongful death claim is a civil action, not a criminal one: This means specific family members can seek financial justice for their loss, even if no criminal charges are filed. Remember, California has a strict two-year deadline to file, so acting promptly is crucial.
• Proving negligence is the core of your case: To hold the responsible party accountable, your attorney must prove four things: a duty of care was owed, that duty was breached, the breach directly caused the death, and your family suffered measurable damages as a result.
• You can afford expert legal help: Don’t let financial worries stop you from seeking justice. Most wrongful death attorneys work on a contingency fee basis, meaning you pay nothing unless they recover compensation for you. This allows you to get the support you need while you focus on your family.

What Is a Wrongful Death Claim?

When you lose a family member because of someone else’s carelessness or intentional act, the grief can feel overwhelming. On top of that, you may be facing unexpected financial strain from medical bills, funeral costs, and the loss of your loved one’s income. A wrongful death claim is a civil lawsuit that allows surviving family members to seek justice and financial compensation from the party responsible for the death. This legal action is not about assigning criminal blame; it’s about holding the negligent person or company accountable in civil court for the harm they caused.

Think of it this way: if your loved one had survived their injuries, they would have had the right to file a personal injury lawsuit. Since they can no longer do so, California law allows certain family members to step in and file a claim on their behalf. The goal is to recover damages that help your family manage the financial and emotional fallout of your loss. A successful wrongful death claim provides the resources you need to cover these costs and helps provide a sense of closure. While no amount of money can replace who you’ve lost, it can provide stability for your family’s future and ensure the responsible party answers for their actions.

Wrongful Death vs. Criminal Charges

It’s easy to confuse a wrongful death lawsuit with a criminal case, but they are two completely separate legal processes. Criminal charges, like manslaughter or vehicular homicide, are brought by the state to punish a wrongdoer for breaking the law. A wrongful death claim, on the other hand, is a civil lawsuit filed by the family to recover financial damages. A criminal case can proceed at the same time as a civil one, but they don’t depend on each other.

In fact, your family can still pursue a civil claim even if the person responsible is never charged with a crime or is found “not guilty” in criminal court. This is because the standard of proof is different. In a criminal case, the prosecutor must prove guilt “beyond a reasonable doubt,” which is a very high bar. In a civil case, you only need to show that it was more likely than not that the other party’s negligence caused the death.

Common Causes of Wrongful Death

Wrongful death can result from almost any kind of accident or intentional act caused by another’s negligence. While every case is unique, most claims arise from a few common scenarios where a duty of care was breached with fatal consequences. Understanding these situations can help you recognize if you might have a valid claim for your family’s loss.

Some of the most frequent causes include:

• Motor vehicle accidents: Collisions involving distracted, drunk, or reckless drivers are a leading cause of wrongful death, affecting everyone from other drivers to pedestrians and motorcyclists.
• Medical malpractice: Fatal errors made by doctors, surgeons, or other healthcare professionals, such as a misdiagnosis, surgical mistake, or birth injury, can constitute medical malpractice.
• Defective products: When a poorly designed or manufactured product, from a faulty car part to a dangerous medication, leads to a death.
• Unsafe property conditions: Property owners who fail to maintain a safe environment can be held liable for fatal slip and falls, swimming pool accidents, or injuries from negligent security.

Who Can File a Wrongful Death Lawsuit in California?

Losing someone you love is devastating, and the legal questions that follow can feel overwhelming. One of the first things you need to know is who has the legal standing to file a wrongful death claim. In California, the law is very clear about who can take this step to seek justice for their loss. It’s not just any relative; the state has specific rules to ensure the people most affected have the right to act. Understanding if you are one of these individuals is a critical first step in the legal process.

Immediate Family Members

California law gives the primary right to file a wrongful death lawsuit to the deceased person’s closest relatives. According to California Code of Civil Procedure Section 377.60, this group includes the surviving spouse, domestic partner, and children. If the person who passed away did not have any surviving children, their parents or siblings may then have the right to file. This structure prioritizes those who were most directly impacted by the loss, giving them the first opportunity to pursue a claim for the immense personal and financial damages they have suffered.

Financial Dependents and Putative Spouses

The law also recognizes that others may have relied on the deceased for support. That’s why it allows certain financial dependents to file a claim, even if they aren’t related by blood. This could include a stepchild or a parent who lived with and depended on the deceased for financial stability. The law also protects a “putative spouse,” which is someone who had a good faith, though incorrect, belief that they were legally married to the person who died. This ensures that people who shared a life and household with the deceased are not unfairly excluded from seeking justice.

The Role of the Personal Representative

What happens if the person who passed away had no surviving spouse, children, or other eligible family members? In these situations, the personal representative of the deceased’s estate can step in. This person is typically named in the deceased’s will or appointed by the court to manage the estate’s affairs. They have the authority to file a wrongful death lawsuit in California on behalf of the heirs. Their role is to pursue the claim for the benefit of those who would inherit from the estate, seeking compensation for the losses the heirs have endured.

What Four Elements Must You Prove?

When you file a wrongful death lawsuit, you are essentially telling a legal story that explains how someone’s negligence or wrongful act caused your loved one’s death. For this story to be successful in court, your attorney must prove four specific things, often called the “elements of negligence.” Think of these as the four legs of a table; if even one is missing, the entire case can fall apart. It’s not enough to simply show that a tragedy occurred. We must build a solid legal foundation by proving each of these elements to hold the responsible party accountable for their actions.

Successfully connecting these four points is the core of any wrongful death claim. It’s how we translate a heartbreaking loss into a clear legal argument for justice and compensation. An experienced attorney knows how to meticulously investigate the incident and gather the specific evidence needed to establish each element. This process involves creating a compelling narrative, supported by facts, that demonstrates exactly how and why the defendant is liable for the immense harm your family has suffered. Understanding these four elements can help you see how a strong case is built from the ground up.

1. Duty of Care

The first element we must establish is that the person or entity who caused the harm (the defendant) owed your loved one a “duty of care.” This is a legal responsibility to act with a reasonable level of caution to avoid harming others. This duty exists in countless everyday situations. For example, every driver has a duty to obey traffic laws and pay attention to the road. A doctor has a duty to provide medical care that meets professional standards, and a property owner has a duty to keep their premises safe for visitors. Proving this duty is the first step in establishing legal responsibility.

2. Breach of Duty

Once we establish a duty of care, we must prove that the defendant “breached” or violated that duty. This means they failed to act as a reasonably prudent person would have under similar circumstances. A breach of duty is the specific negligent or reckless act that led to the accident. Examples include a driver texting instead of watching the road, a surgeon making a preventable error, or a manufacturer selling a dangerously defective product. Your attorney will use evidence like police reports, witness testimony, and expert opinions to show exactly how the defendant’s actions fell short of their legal responsibility.

3. Causation

Proving a breach of duty isn’t enough; we must also prove causation. This means we have to draw a direct line from the defendant’s careless action to your loved one’s death. This involves two key parts. First, we must show the death would not have occurred “but for” the defendant’s breach of duty. Second, we must demonstrate that the fatal injury was a foreseeable result of their actions (known as “proximate cause”). For instance, if a driver runs a red light and causes a fatal collision, it’s clear that their action directly caused the tragic outcome.

4. Damages

Finally, we must prove that you and your family have suffered “damages,” which are the measurable losses resulting from your loved one’s death. The legal system recognizes that these losses are both financial and emotional. Your attorney will work to calculate the full extent of the recoverable compensation, which typically includes economic damages like medical bills, funeral expenses, and the loss of future income. It also includes non-economic damages for the loss of love, companionship, and support. Proving damages is essential to ensuring your family receives the financial support needed to move forward.

What Compensation Can Your Family Recover?

Thinking about money after losing a family member can feel wrong, but a wrongful death claim is about securing your family’s future and holding the responsible party accountable. The compensation, called “damages,” is intended to cover the financial and emotional voids left by your loved one’s passing. In California, these damages fall into a few key categories, each designed to address a different aspect of your family’s loss. An experienced attorney can help you identify all the potential damages in your case to ensure you pursue the full compensation you are entitled to.

Economic Losses

Economic losses cover the measurable financial costs your family is facing because of your loved one’s death. These are the tangible expenses and lost income that can be calculated. This includes immediate costs like medical bills from their final injury or illness, as well as funeral and burial expenses. More significantly, it also accounts for the future financial support your family has lost. This isn’t just about the salary they would have earned; it also includes the value of benefits, potential inheritances, and even the services they provided at home, like childcare or household management. Our goal is to build a clear picture of these financial impacts to ensure your family’s stability.

Non-Economic Losses

Non-economic losses address the profound, personal impact of your loss that can’t be tallied on a spreadsheet. This is compensation for the loss of your loved one’s presence in your life. It acknowledges the loss of their love, companionship, comfort, and guidance. For a spouse, it’s the loss of their partner and confidant. For a child, it’s the loss of a parent’s support and wisdom. While no dollar amount can ever replace what you’ve lost, non-economic damages are the legal system’s way of recognizing the immense emotional weight of your family’s suffering and the void left behind. These damages are deeply personal to each family member.

Punitive Damages

In some exceptional cases, a court may award punitive damages. Unlike the other forms of compensation, these are not meant to cover a specific loss your family experienced. Instead, their purpose is to punish the person or entity responsible for the death and to send a strong message that their behavior was unacceptable. In California, punitive damages are only awarded when there is clear evidence that the defendant acted with malice, oppression, or fraud. This means their conduct was intentionally harmful or showed a reckless disregard for the safety of others. While not common, they can be a powerful tool for justice in the most egregious cases.

How Compensation Is Calculated and Divided

Once a settlement is reached or a court awards damages, you might wonder how that money is distributed. The total amount is based on the combined economic and non-economic losses proven in the case. The lawsuit is filed by a single “personal representative” on behalf of all heirs, but the compensation is for the benefit of the individual family members. The funds are then divided among the eligible relatives based on the specific loss each person suffered. For example, a young child who lost a parent may receive a different share than an adult sibling. If all family members agree on the division, the court typically approves it. If there’s a disagreement, a judge will determine a fair distribution for everyone.

What if Your Loved One Was Partially at Fault?

It can be incredibly painful to hear the other side claim your loved one was somehow responsible for the accident that took their life. This is a common defense tactic, and it’s a question we address with compassion and honesty. The important thing to know is that even if your loved one is found to be partially at fault, your family may still be able to recover compensation. California law has a specific system for handling these complex situations.

This system doesn’t automatically disqualify you from filing a claim. Instead, it provides a framework for assigning responsibility and adjusting compensation accordingly. Understanding how this works is a key step in preparing for your case and setting realistic expectations. An experienced attorney can protect your family from unfair accusations and fight to ensure any allocation of fault is based strictly on the evidence. They will work to present a clear picture of what happened, countering any attempts to unfairly shift blame during a time when your family is most vulnerable. The goal is to ensure that justice is served, and that compensation reflects the true circumstances of the accident, not a distorted version designed to save an insurance company money.

Understanding California’s “Comparative Fault” Rule

California operates under a “pure comparative fault” rule. In simple terms, this means the court recognizes that responsibility for an accident can be shared. When a wrongful death case goes to trial, the jury will be asked to determine the total amount of damages and then assign a percentage of fault to every party involved, which can include your deceased loved one.

Under California’s comparative negligence law, you can still recover damages even if your loved one was 99% at fault. The idea is that every party should be held responsible for their share of the blame. This rule prevents a family from being completely barred from compensation just because their loved one made a mistake that contributed to the tragic outcome.

How Partial Fault Can Reduce Compensation

The percentage of fault assigned to your loved one directly reduces the total amount of compensation your family can receive. The court first determines the total value of your family’s economic and non-economic losses. Then, it subtracts an amount that corresponds to your loved one’s percentage of fault.

For example, if the total damages in a wrongful death case are calculated to be $1,000,000, but the jury finds your loved one was 25% responsible for the accident, your family’s final award will be reduced by 25% (or $250,000). This means the final compensation would be $750,000. Because the other side will try to place as much blame as possible on your loved one to reduce their own payout, having a skilled attorney to dispute these claims is absolutely critical.

How Long Do You Have to File a Claim in California?

When you’re grieving the loss of a loved one, legal deadlines are the last thing on your mind. We understand that. However, California law sets a strict time limit for filing a wrongful death lawsuit, and it’s a detail that can’t be overlooked. Understanding this timeline is crucial because missing it can mean losing your right to seek justice and compensation forever. The law provides a clear window, but there are important nuances and practical reasons why you shouldn’t wait until the last minute. Let’s walk through the official deadline, the rare exceptions that might apply, and why acting promptly is the best way to protect your family’s future.

The Official Deadline (Statute of Limitations)

In California, you generally have two years from the date of your loved one’s death to file a wrongful death claim. This deadline is known as the statute of limitations. The rule is laid out in the California Code of Civil Procedure Section 335.1. This isn’t just a suggestion; it’s a firm cutoff. If you try to file a lawsuit after this two-year period has passed, the court will almost certainly dismiss your case, regardless of how strong it is. This makes it incredibly important to be aware of the date and to start the legal process well before the deadline approaches.

Are There Exceptions to the Deadline?

While the two-year deadline is the general rule, there are certain exceptions that can extend the filing period. For example, if the cause of your loved one’s death was not discovered right away (the “discovery rule”), the clock might start ticking from the date you discovered, or should have discovered, the injury. Other situations, such as the responsible party leaving the state or the person filing the claim being a minor at the time of the death, can also pause the statute of limitations. These exceptions are complex and highly specific to the facts of your case. It’s essential to speak with an attorney to determine if any of them apply to your situation.

Why You Should Act Quickly to Protect Your Rights

Even with a two-year window, it’s always best to act as soon as you feel ready. Waiting can make it much harder to build a strong case. Evidence, like security camera footage or vehicle data, can be erased or lost. The memories of witnesses can fade, and their contact information can become outdated. By starting the process sooner, you give your legal team the best opportunity to conduct a thorough investigation, preserve crucial evidence, and interview witnesses while the details are still fresh. Acting promptly also protects you from insurance adjusters who might try to pressure you into accepting a low settlement before you understand the full value of your claim.

Filing a Wrongful Death Lawsuit: A Step-by-Step Guide

Losing someone you love is devastating, and the thought of a lawsuit can feel completely overwhelming. I want to walk you through the process step-by-step, so you know what to expect. While every family’s situation is different, most wrongful death claims follow a similar path from the initial consultation to a final resolution. Having a clear roadmap can help you feel more in control during an incredibly difficult time. Your attorney will be your guide, but understanding these key stages will empower you to be an active partner in seeking justice for your loved one.

Step 1: Consult with a Wrongful Death Attorney

The very first thing you should do is speak with an experienced wrongful death attorney. This initial meeting is about getting clarity and support. An attorney can listen to your story, review the basic facts, and help you understand if you have a valid claim under California law. Most importantly, they can explain your legal rights and options in a way that makes sense. Don’t worry about the cost; nearly all personal injury lawyers offer a free, no-obligation consultation. This conversation is your chance to ask questions and decide if you’ve found the right partner to guide your family through this process.

Step 2: Investigate and Gather Evidence

Once you have an attorney, they will begin a deep investigation into the circumstances of your loved one’s death. This is where the foundation of your case is built. Your legal team will work to gather all critical evidence, which can include police reports, medical records, autopsy results, witness statements, security camera footage, and employment records. They may also hire experts, like accident reconstructionists or medical specialists, to analyze the facts and provide professional opinions. This thorough investigation is designed to prove what happened and who was at fault, allowing you and your family to focus on healing instead of tracking down documents.

Step 3: Identify All Responsible Parties

A crucial part of the investigation is identifying every person or entity that may be legally responsible for the death. The at-fault party isn’t always a single individual. For example, in a commercial truck accident, liability could fall on the driver, the trucking company for negligent hiring, or even the truck’s manufacturer for a defective part. Your attorney will carefully examine the evidence to pinpoint all potential defendants, which is essential for ensuring your family can recover the full and fair compensation you deserve. This comprehensive approach holds everyone accountable for their role in your family’s loss.

Step 4: File the Lawsuit

After a thorough investigation and identification of the responsible parties, your attorney will formally file the lawsuit. This is done by preparing a legal document called a “complaint” and filing it with the appropriate California court. The complaint outlines the facts of the case, explains how the defendant’s wrongful act caused the death, and specifies the damages your family is seeking. This step officially begins the legal process and sets deadlines for the defendants to respond. It’s important to remember that filing a lawsuit doesn’t mean your case will automatically go to trial. It is a necessary procedural step to assert your rights and compel the other side to engage.

Step 5: Negotiate a Settlement or Go to Trial

The vast majority of wrongful death cases are resolved before ever reaching a courtroom. After the lawsuit is filed, the “discovery” phase begins, where both sides exchange information. This often leads to settlement negotiations. Your attorney will present the strength of your case to the defendant’s insurance company and lawyers, demanding a specific amount of compensation. If the other side makes a fair offer that covers your family’s losses, you can agree to settle the case. If they refuse to negotiate in good faith, your attorney will be prepared to take your case to trial. The final decision to accept a settlement or go to court will always be yours.

Common Myths About Wrongful Death Lawsuits

When you’re grieving the loss of a loved one, the last thing you need is confusing or incorrect information about your legal rights. Unfortunately, there are many myths surrounding wrongful death claims that can prevent families from seeking the justice they deserve. Understanding the truth can help you make clear, informed decisions during an incredibly difficult time. Let’s walk through some of the most common misconceptions and set the record straight.

Myth: Any Relative Can File a Claim

It’s a common belief that any grieving family member can initiate a wrongful death lawsuit, but the law is quite specific. In California, the right to file is limited to certain individuals, primarily the deceased’s surviving spouse, domestic partner, and children. If there are no surviving persons in that line, the right may pass to others who would be entitled to the property by intestate succession. The lawsuit is typically filed by the estate’s personal representative on behalf of these eligible heirs. This structure ensures the claim is managed in an orderly way and that compensation is distributed correctly to those most directly affected by the loss.

Myth: You Need a Criminal Conviction to Sue

Many people assume that if the person responsible for the death isn’t convicted of a crime, a civil lawsuit is impossible. This is not true. Criminal and civil cases are entirely separate and have different standards of proof. A criminal case requires prosecutors to prove guilt “beyond a reasonable doubt,” a very high bar. In contrast, a civil wrongful death case only requires proving fault by a “preponderance of the evidence,” meaning it was more likely than not that the defendant’s negligence caused the death. You can absolutely file a wrongful death lawsuit and win, even if the defendant was acquitted in criminal court or never charged at all.

Myth: The Outcome Is Guaranteed

While it’s comforting to think that justice will automatically prevail, no lawsuit comes with a guaranteed win. Every case has unique challenges, and the outcome depends on the strength of the evidence, the applicable laws, and the skill of your legal team. Statistics show that the chances of winning a wrongful death suit at trial are slightly better than for other personal injury cases, but success is never a certainty. An experienced attorney can give you an honest assessment of your case’s strengths and weaknesses, helping you set realistic expectations while building the strongest possible argument for a favorable outcome.

Myth: You Don’t Need an Attorney

Some people believe they can save money by handling a wrongful death claim on their own, but this is almost always a mistake. These cases are incredibly complex. Proving negligence involves establishing a duty of care, showing it was breached, and directly linking that breach to the death and the damages your family suffered. Gathering evidence, dealing with insurance companies, and meeting strict legal deadlines is a massive undertaking, especially while grieving. It is highly recommended to work with an experienced lawyer who can handle these burdens and fight effectively for the full compensation your family deserves.

The Human Side of a Wrongful Death Case

A wrongful death claim is about much more than legal procedures. It’s a deeply personal process that unfolds while your family is experiencing a profound loss. Balancing a lawsuit with the need to grieve can feel impossible. Understanding the emotional and financial realities, and knowing where to find support, can help you feel more prepared for the path ahead. This is about finding a way to honor your loved one while securing your family’s future.

Coping with Grief While Pursuing Justice

Pursuing a legal case while you are grieving is one of the hardest things a person can do. It’s completely normal to feel overwhelmed, exhausted, or even angry. Remember that the purpose of a wrongful death lawsuit is not to replace what you’ve lost, but to seek accountability and ease the financial burdens left behind. These lawsuits are designed to get justice and financial help for families who have lost someone due to another’s carelessness. For many, taking action is a way to find a small sense of control and purpose during a time of helplessness. Give yourself grace, and lean on your support system, including your legal team.

Managing Financial Worries During Your Case

The last thing you should have to worry about after a tragic loss is how to pay for legal help. Beyond the emotional pain, many families face unexpected financial pressures. This is why most personal injury law firms handle wrongful death cases on a contingency fee basis. This arrangement means you don’t pay any attorney fees upfront. Your lawyer’s payment is “contingent” on them winning your case, where they receive a percentage of the settlement or award. If you don’t win, you don’t owe them a fee. This approach ensures that every family has access to justice, regardless of their financial situation.

How the Right Attorney Provides Support

You don’t have to carry this burden by yourself. In fact, it’s nearly impossible to handle a negligence case alone. The most important step you can take is to work with an experienced lawyer who understands what you’re going through. A compassionate attorney does more than just manage the legal work; they act as your advocate and guide. They will handle the investigation, communicate with insurance companies, and build a strong case so you can focus on what matters most: healing with your family. Having a dedicated legal partner provides the stability and support needed to see the process through to the end.

Why You Need an Experienced Wrongful Death Attorney

Grieving the loss of a loved one is an overwhelming experience. The thought of adding a legal battle to your plate can feel impossible, but pursuing a wrongful death claim is often a necessary step to secure your family’s financial future and hold the responsible party accountable. This is not a journey you should take alone. The legal system is complex, and insurance companies have teams of lawyers dedicated to minimizing their payouts. Trying to handle a claim yourself while grieving can leave you vulnerable to lowball settlement offers and procedural mistakes that could jeopardize your case entirely.

Having an experienced wrongful death attorney on your side is the most important step you can take to protect your rights. A skilled lawyer handles the entire legal process, from investigation to negotiation, allowing you to focus on your family. They act as a crucial buffer, managing all communications with insurance adjusters and opposing counsel so you don’t have to. They become your advocate, fighting to ensure you receive the full and fair compensation you deserve for your profound loss. Their guidance provides not just legal expertise but also the support needed to get through this challenging time.

What a Lawyer Does to Build Your Case

A strong wrongful death case is built on a foundation of solid evidence. Your attorney’s first job is to conduct a deep investigation into what happened, often finding critical details that official reports might have missed. They will gather police records, interview witnesses, consult with experts, and collect all necessary documentation to piece together the events that led to your loss. An experienced lawyer understands exactly how to prove the key elements of a claim: that a duty of care was owed, that the duty was breached, and that this breach directly caused the fatal injuries and resulting damages. They connect these facts into a compelling story that clearly demonstrates why the other party is liable.

How Contingency Fees Make Legal Help Accessible

Many families worry about the cost of hiring a lawyer, but personal injury attorneys work differently. Most wrongful death lawyers operate on a contingency fee basis, which is sometimes called a “no win, no fee” arrangement. This means you pay absolutely nothing upfront. Your attorney covers all the costs of building and pursuing your case, from filing fees to expert witness expenses. They only receive payment if they successfully recover compensation for you, either through a settlement or a court verdict. Their fee is a pre-agreed percentage of the money you receive, which aligns their goals directly with yours. This structure makes expert legal representation accessible to everyone, regardless of their financial situation.

Related Articles

• Who Can Sue for Wrongful Death in California? A Guide
• How to File a Wrongful Death Claim: A Step-by-Step Guide
• Wrongful Death Lawsuit Average Settlement Explained
• What’s the Wrongful Death Lawsuit Statute of Limitations?

Frequently Asked Questions

What if I can’t afford to hire a lawyer for a wrongful death claim? This is a very common and understandable worry, but you don’t need to have money set aside to get expert legal help. Experienced wrongful death attorneys work on a contingency fee basis. This means you pay no fees upfront, and the lawyer only gets paid if they successfully recover compensation for your family. Their fee is a percentage of the final settlement or award, so their goal is directly aligned with yours: to secure the best possible outcome for your family.

How long does a wrongful death lawsuit typically take to resolve? There isn’t a single answer to this, as the timeline depends entirely on the specifics of your case. A straightforward claim where the fault is clear might be settled in under a year. However, more complex cases, especially those involving multiple defendants or a dispute over fault, can take a couple of years to resolve. A good attorney will keep you informed at every stage and work to move the process forward as efficiently as possible without sacrificing the strength of your claim.

Will I have to testify in court? The idea of speaking in a courtroom is a major source of stress for many families, but it’s important to know that the vast majority of wrongful death cases are settled before they ever reach a trial. Your attorney’s goal is to build such a strong case that the other side’s insurance company makes a fair settlement offer. While your lawyer will prepare as if you are going to trial, they will work hard to resolve the case through negotiation, sparing you and your family that experience if possible.

Can my family still file a claim if our loved one didn’t have a job? Yes, absolutely. A wrongful death claim is not just about replacing a lost salary. The compensation, or damages, also covers the significant economic value of the services your loved one provided, such as childcare, household management, and elder care. Furthermore, the largest part of a claim is often the non-economic damages, which provide compensation for the loss of your loved one’s love, companionship, and guidance. These losses are profound regardless of the person’s employment status.

What is the difference between a wrongful death claim and a survival action? This is a great question because the two are often filed together. A wrongful death claim is brought by the surviving family members to compensate them for their own losses, such as the loss of financial support and companionship. A survival action, on the other hand, is filed on behalf of the deceased person’s estate. It seeks to recover the damages your loved one would have been able to claim if they had survived, like their medical bills, lost wages before death, and in some cases, punitive damages.