Wrongful Death Lawsuit: What Every Victim and Family Should Know
Understanding what qualifies—and what to do next
When someone you love dies unexpectedly, the emotional weight can be unbearable. If someone else’s carelessness caused that loss, it becomes more than just grief—it becomes injustice.
At Ben Crump Law, we help families find justice through a wrongful death lawsuit. If you believe your loved one’s death could have been prevented, you may have a case—and we’re here to help you every step of the way.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim filed when someone dies because of another party’s negligence, misconduct, or wrongdoing.
This could include:
- Car accidents caused by reckless drivers
- Medical errors by healthcare professionals
- Defective products that should have been safe
- Workplace incidents due to safety violations
- Police misconduct or use of excessive force
Each of these is a preventable tragedy. The law gives surviving family members the right to seek compensation for their loss with the help of a wrongful death lawyer.
For a free legal consultation, call (844) 777-4453
Who Can File a Wrongful Death Lawsuit?
Each state has different rules. But in most cases, the following people can file a claim:
- The spouse of the deceased
- Children of the deceased
- Parents of a minor child who passed away
- A court-appointed representative of the estate
These individuals can file on behalf of all beneficiaries who suffered a loss.
According to the National Center for State Courts, “Wrongful death statutes allow close relatives to bring a civil action for damages against those legally liable for a death.” (Source)
What Must Be Proven in a Wrongful Death Case?
To succeed in a wrongful death claim, four legal elements must be proven:
- Duty of Care – The defendant owed a duty to the deceased.
- Breach of Duty – The defendant failed to fulfill that duty.
- Causation – That breach caused the death.
- Damages – The survivors suffered measurable losses.
These are the same elements required in most personal injury cases, but with one tragic difference—the victim can no longer speak for themselves.
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Common Causes of Wrongful Death
According to the Centers for Disease Control and Prevention (CDC), the top three causes of unintentional injury death in the U.S. are:
- Motor vehicle accidents
- Unintentional falls
- Unintentional poisoning (Source)
Many of these could lead to a wrongful death claim if negligence is involved.
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Real Data: The High Cost of Preventable Deaths
In 2021 alone, the CDC reported more than 224,000 unintentional injury deaths in the U.S.
And according to the Institute of Medicine, as many as 98,000 people die each year from preventable medical errors in hospitals.
Source
These are not just numbers—they represent real lives lost and families left behind.
Expert Insight on Wrongful Death Lawsuits
Dr. Carolyn Clancy of the Agency for Healthcare Research and Quality (AHRQ) once said:
“Preventable harm is a tragedy that also represents an opportunity to do better for patients, families, and providers.”
Source
This perspective is exactly why Ben Crump Law relentlessly pursues justice, because doing better starts with holding the negligent accountable.
What Kind of Compensation Can You Recover?
Damages in a wrongful death case may include:
- Funeral and burial costs
- Medical expenses before death
- Loss of income and benefits
- Loss of companionship
- Pain and suffering
The exact amount depends on the situation, but many families recover substantial settlements or jury awards.
Timeline: What to Expect in a Wrongful Death Case
Here’s a general timeline of what you can expect if you pursue legal action:
- Initial Consultation – Discuss the case with a qualified wrongful death attorney.
- Investigation – Gather evidence such as medical records, eyewitness reports, and expert testimony.
- Filing the Lawsuit – A formal complaint is submitted in civil court.
- Discovery Phase – Both sides exchange information to build their cases.
- Negotiation or Mediation – Many cases settle before trial.
- Trial (if needed) – A judge or jury determines liability and damages.
- Payout and Resolution – Compensation is awarded, and justice is served.
The entire process can take months to several years, depending on the case’s complexity.
How Long Do You Have to File a Claim?
Each state has a statute of limitations, typically between 1 and 3 years from death. Waiting too long could mean you lose the right to file.
Check your state laws or contact an attorney right away.
Why Choose Ben Crump Law?
At Ben Crump Law, we believe in justice for all, not just the wealthy or well-connected.
We take on complex cases that other firms avoid. Our team has recovered millions of dollars for grieving families just like yours.
When you work with us, you’ll get:
- A legal team that listens and fights for you
- No fees unless we win your case
- National recognition and a proven track record
Take the First Step Toward Justice
If you’re asking yourself what qualifies as a wrongful death lawsuit, it’s time to speak with an attorney who can guide you through the process carefully and confidently.
You don’t have to face this alone.
Contact Ben Crump Law today for your free, no-obligation case evaluation. Justice may start with one contact, but its impact can last a lifetime.
Schedule Your Free Case Review 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.
Call or text (844) 777-4453 or complete a Free Case Evaluation form
