A wrongful death lawsuit is a special kind of personal injury lawsuit made when someone is killed due to another party’s negligence or intentional act.
Wrongful death lawsuits are brought against a defendant who has caused someone’s death either negligently or through intentional harm. Wrongful death lawsuits allow the estate of the deceased person to file a lawsuit against the party who is legally liable for the death. The lawsuit is usually filed by a representative of the estate, on behalf of surviving family members and other affected parties.
When Is a Wrongful Death Lawsuit Applicable?
A wrongful death lawsuit is applicable when a victim who would otherwise have a personal injury claim is killed as a result of either negligence or an intentional harmful act on the part of the defendant.
A wrongful death lawsuit may arise out of a number of circumstances, such as in the following situations:
- Medical malpractice that results in decedent’s death
- Automobile or airplane accident
- Occupational exposure to hazardous conditions or substances
- Criminal behavior
- Death during a supervised activity
These are just a few examples of personal injury cases that can turn into wrongful death lawsuit.
A wrongful death lawsuit can stem from almost any kind of personal injury situation, although one notable exception exists for work injuries that result in death, which usually must be handled exclusively through the worker’s compensation system.
Who Can File a Wrongful Death Lawsuit?
A wrongful death lawsuit is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim. Exactly who those survivors can be varies from state to state.
In all states, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of their parents.
Where states start to disagree is whether parents of adult children can file wrongful death lawsuits, whether adult children can file wrongful death lawsuits on behalf of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can file wrongful death lawsuits. Usually, the more distant the familial relationship is, the harder it will be to show that you should be allowed to collect wrongful death damages.
In some states, the life partner of the deceased may bring a wrongful death claim, as can anyone who can show financial dependence on the deceased.
Damages for Wrongful Death
Each wrongful death lawsuit is unique, and there are different considerations and calculations involved in each lawsuit. However, there are several types of damages for wrongful death that are standard in wrongful death cases. They include:
- the deceased person’s pre-death pain and suffering – called a survival claim in a wrongful death lawsuit
- the medical costs that the deceased victim incurred as a result of the injury prior to death
- funeral and burial costs
- loss of the deceased person’s expected income
- loss of any inheritance as a result of the death
- value of the services that the deceased person would have provided
- loss of care, guidance, and nurturing that the deceased would have provided
- loss of love and companionship
- loss of consortium (loss of intimacy with a spouse)
If a loved one dies after an accident or injury caused by the personal injury negligence or misconduct of another individual, company or entity, you may be entitled to bring a legal action for wrongful death against those responsible.
Obtain a Free Wrongful Death Case Evaluation
If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.
The following types of wrongful death cases are common examples of what a family member can sue for:
- Car Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Boating Accidents
- Medical Malpractice
- Medication Errors
- Workplace Accidents
- Drowning Accidents
- Nursing Home Neglect/Abuse
- Slip and Fall Accidents
- Defective Products
- Other Personal Injury Claims that Caused the Death
Suing for unpaid wages in California: Recover unpaid overtime, back pay and more
April 2, 2026 | Legal News
One thought on Wrongful Death Lawsuits: Who Can File For Damages?
Thank you for sharing this information about wrongful death lawsuits. Sometimes these cases are easily proven, but other cases are a bit more abstract. I think that with any wrongful death case, it’s important to be working with a very skilled lawyer.