Wrongful Death: What Every Family Should Know
When a loved one dies because of someone else’s careless or reckless actions, it’s not just a tragedy—it may be a wrongful death.
At Ben Crump Law, we help families turn pain into power. If your loved one died due to negligence, understanding how to prove a wrongful death is the first step toward justice.
This guide explains what you need to know in plain language—because justice should never be out of reach.
What Is a Wrongful Death?
A wrongful death occurs when someone dies because of another person’s negligence, recklessness, or intentional act.
This might include:
- A fatal car crash caused by a distracted driver
- Medical mistakes that could’ve been avoided
- Police misconduct or excessive force
- Unsafe working conditions
- Dangerous or defective products
A wrongful death claim allows surviving family members to hold the responsible party accountable and seek compensation for their loss.
For a free legal consultation, call (844) 777-4453
Who Can File a Wrongful Death Claim?
The laws vary by state, but the following people are commonly allowed to file:
- The spouse or domestic partner of the deceased
- Surviving children
- Parents of a deceased minor or unmarried adult
- The legal representative of the deceased’s estate
The compensation can help cover funeral expenses, lost income, medical bills, and more.
What Must Be Proven in a Wrongful Death Case?
To prove a wrongful death claim, four key elements must be established:
- Duty of Care – The person or company had a legal responsibility to act safely or reasonably.
- Breach of Duty – They failed to meet that responsibility.
- Causation – That failure caused the person’s death.
- Damages – The surviving family has suffered financial or emotional losses.
Each of these elements must be supported by evidence, so it is essential to have the right legal team led by an experienced wrongful death lawyer.
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What Evidence Is Needed?
To prove a wrongful death, your legal team may gather:
- Medical records
- Autopsy or coroner’s reports
- Police or accident reports
- Surveillance or body cam footage
- Expert witness testimony
- Eyewitness accounts
- Employment and income records
Every piece of evidence helps paint a clear picture of what happened and why it should never have happened.
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What the Data Tells Us
According to the Centers for Disease Control and Prevention (CDC), unintentional injuries are the fourth leading cause of death in the U.S., resulting in more than 224,935 deaths in 2021 alone. (Source)
In many of these cases, someone could be held legally responsible.
The National Institute of Justice also states:
“Wrongful death litigation can be a powerful tool for survivors seeking both financial compensation and a sense of justice.”(Source)
Timeline of a Wrongful Death Lawsuit
Here’s what the typical legal process looks like:
1. Investigation
An attorney reviews your case, gathers facts, and determines if there’s a valid claim.
2. Filing the Claim
A wrongful death lawsuit is filed in civil court on behalf of the surviving family.
3. Discovery Phase
Both sides collect evidence, exchange documents, and conduct depositions.
4. Negotiation
Your attorney may attempt to reach a fair settlement before going to trial.
5. Trial (If Needed)
The case goes before a judge or jury if no agreement is reached.
6. Verdict or Settlement
The court awards damages, or the case settles out of court.
Depending on the complexity, the entire process may take several months to a few years.
Common Defenses in Wrongful Death Claims
Defendants often try to deny responsibility or reduce their liability. Common defenses include:
- Claiming the deceased was partly or wholly at fault
- Denying any duty of care
- Arguing that the cause of death was unrelated
- Using technical legal loopholes or expired timelines
A skilled attorney can anticipate these tactics and build a strong case against them.
The Burden of Proof in a Wrongful Death Case
Unlike criminal cases, which require proof “beyond a reasonable doubt,” a wrongful death claim only needs a preponderance of the evidence—meaning it’s more likely than not that the defendant’s actions caused the death.
This is a lower legal standard but still demands careful preparation and substantial evidence.
Why Legal Representation Matters
Wrongful death cases are emotionally draining and legally complex. Having an experienced attorney increases your chances of success.
At Ben Crump Law, we’ve helped families nationwide win justice and recover millions in damages.
We work on a contingency fee basis, which means you pay nothing unless we win your case.
Real-Life Example of Legal Impact
According to a study by the U.S. Department of Justice, nearly 90% of wrongful death cases that go to trial involve settlements or monetary awards.
(Source)
That’s a powerful motivator for families to take action—and a strong reason why negligent parties often settle.
You Deserve Justice. We Can Help.
If you’re wondering how to prove a wrongful death, you’re already on the path to justice.
Now it’s time to take the next step.
Let Ben Crump Law help you build a robust case and honor your loved one’s memory with accountability.
Contact us today for your free, no-obligation consultation.
Start Your Wrongful Death Case Now
About Ben Crump Law
Renowned civil rights attorney Ben Crump founded Ben Crump Law PLLC, believing justice equals respect. His firm is devoted to advocating for the voiceless of our society whenever or whatever kind of harm may have befallen them. From personal injury, labor & employment matters, the class action lawsuit and many other types (click to view all practice areas), our attorneys are dedicated to holding the powerful accountable for their actions.
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