The sudden loss of a family member is a tragedy no one should endure, especially when the careless, reckless, or negligent actions of another person or company cause that death. While no amount of money can truly compensate for your grief, a wrongful death lawsuit is your legal option to seek justice and financial stability for your family’s future.
At Ben Crump Law, our wrongful death lawyers understand the immense emotional and financial burden a wrongful death places on surviving relatives. Our dedicated attorneys provide compassionate, tireless representation to hold the at-fault parties accountable and recover the full compensation your family deserves.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim filed by surviving family members or the deceased person’s estate against the party whose negligence or misconduct caused the death. Essentially, it is a personal injury claim that the deceased person could have filed had they survived the fatal incident.
Common causes of wrongful death due to negligence include:
- Medical Malpractice: Fatal misdiagnosis, surgical errors, or medication errors.
- Car, Truck, or Motorcycle Accidents: Deaths caused by a negligent driver (DUI, distracted driving, speeding).
- Workplace Accidents: Fatalities resulting from unsafe working conditions or employer negligence.
- Defective Products: Death caused by a dangerously designed or manufactured product.
- Premises Liability: Fatal accidents due to a property owner’s failure to maintain a safe environment.
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Who is Eligible to File a Wrongful Death Claim?
State laws vary, but generally, only certain close family members or a legal representative have the standing to file a wrongful death lawsuit. Eligibility typically follows this order of succession:
- Surviving Spouse
- Surviving Children
- Surviving Parents (especially if the deceased was a minor or had no spouse/children)
- Personal Representative of the deceased person’s estate (sometimes files on behalf of other beneficiaries)
It is crucial to consult with an experienced attorney immediately to determine who in your family is eligible to file a claim under your state’s laws and to ensure all legal deadlines are met.
The Four Elements of a Successful Negligence Claim
To prove wrongful death and secure compensation, your legal team must demonstrate the following four elements of negligence:
- Duty of Care: The defendant owed a legal duty to the deceased. Example: A doctor owes a duty to provide a standard of medical care.
- Breach of Duty: The defendant breached that duty through a careless or negligent act. Example: The doctor misinterpreted a patient’s test results.
- Causation: The defendant’s breach of duty directly caused the death of your family member. Example: The failure to diagnose led to a fatal delay in treatment.
- Damages: The death resulted in measurable damages and losses to the surviving family members.
A skilled wrongful death lawyer will meticulously gather evidence—such as police reports, medical records, expert testimony, and financial documents—to prove each of these elements.
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Compensation Recoverable in a Wrongful Death Lawsuit
A successful wrongful death claim can recover both economic and non-economic damages to provide financial relief and acknowledge the severity of your loss.
Economic Damages (Measurable Financial Losses)
- Medical expenses incurred from the time of injury until death.
- Funeral and burial costs.
- Loss of the deceased’s expected future earnings and financial support.
- Loss of retirement benefits, health insurance, and other financial contributions.
- Loss of services, care, and household management the deceased provided.
Non-Economic Damages (Intangible Emotional Losses)
- Pain and suffering endured by the deceased before their death.
- Loss of companionship, love, and consortium (for a spouse).
- Loss of guidance, care, and instruction (for children).
- Grief, mental anguish, and emotional distress suffered by the survivors.
In cases where the defendant’s conduct was particularly egregious, reckless, or willful, the court may also award Punitive Damages to punish the at-fault party and deter similar conduct in the future.
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Why Time is Critical: The Statute of Limitations
Every state imposes a strict deadline, known as the statute of limitations, for filing a wrongful death lawsuit. If you fail to file your claim before this deadline expires, you lose your legal right to seek compensation forever. This deadline is often two years from the date of death, but it can be shorter or longer depending on the state and the nature of the claim (e.g., cases against the government).
Due to the emotional complexity and legal deadlines, seeking legal advice as soon as possible is the most critical step you can take for your family.
Get the Justice Your Family Deserves
At Ben Crump Law, we operate on a contingency fee basis, meaning you will pay no upfront costs for our legal services. Our fee is a percentage of the compensation we successfully recover for your family. If we don’t win, you don’t pay.
You don’t have to navigate this overwhelming journey alone. We are here to fight for the justice your loved one deserves and the financial stability your family needs.
Call for a Free, Confidential Consultation Today
If you have lost a loved one due to negligence, call Ben Crump Law at (844) 777-4453 or visit BenCrump.com for a free case evaluation. Let us help you take the first step toward accountability.
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