Explaining the What, Why, and How of a Wrongful Death Claim

Wrongful death is a legal term used to describe a situation in which a person has died due to the negligence or wrongful act of another person or entity. Wrongful death claims are civil claims brought by surviving family members or the estate of the deceased person against the person or entity that caused the death. The purpose of a wrongful death claim is to seek compensation for the victims’ families for their loss, including medical bills, funeral costs, lost wages, pain and suffering, and other damages. In some cases, punitive damages may also be awarded if the defendant’s conduct was especially egregious. If you are fighting for a loved one’s wrongful death, then get help from a wrongful death attorney to make the process smoother. 

What is a Wrongful Death Claim? 

A wrongful death claim is a claim brought against a person or entity whose negligent or intentional act caused the death of another person. Wrongful death claims are civil claims and are typically brought by surviving family members or beneficiaries of the deceased. These claims seek to recover damages for the financial losses suffered by the surviving family, such as medical and funeral expenses, lost wages, loss of companionship, and pain and suffering. These damages are intended to compensate the survivors for the loss of their loved ones. Wrongful death claims are often brought in conjunction with criminal charges, but they are civil claims distinct from criminal cases.

Why Do You File a Wrongful Death Claim?

The purpose of a wrongful death claim is to compensate the surviving family members for their losses, including the loss of the decedent’s companionship and support, as well as to punish the wrongdoer for their negligent behavior. Families may file a wrongful death claim when a family member has been killed as a result of someone else’s negligence or intentionally wrongful act. Examples of potential wrongful death claims include medical malpractice, car accidents, defective products, and workplace accidents. The damages that are typically awarded in a wrongful death claim include the loss of the deceased’s financial support, the loss of the deceased’s companionship, and the pain and suffering endured by the deceased’s survivors.

How to File a Wrongful Death Claim 

Filing a wrongful death claim requires a thorough understanding of the laws in your state and the process for filing a lawsuit. It is important to begin gathering relevant evidence right away and to consult with an experienced attorney who can provide guidance and advice on how best to proceed. The first step in filing a wrongful death claim is to determine who is eligible to file the claim. Generally, this includes the surviving spouse, children, or parents of the deceased. 

In some cases, other relatives may be eligible as well. The next step is to investigate the circumstances of the death. It is important to collect evidence such as photographs, reports, and witness statements that can help prove that the death was caused by the negligent or intentional act of another party. 

Once the investigation is complete, you will need to file a complaint with the court and serve the defendant with the complaint. The complaint should explain the facts of the case, the damages that are being sought, and other relevant information. You will also need to provide a death certificate and any other documents that are required by your state. This will help to establish the necessary legal standing for the claim.

It is important to work with an experienced attorney throughout the process of filing a wrongful death claim. An experienced attorney can help you throughout this process and make it less painful for the victim’s family. 


A wrongful death can be painful for the family, and they might not be able to file a claim and get rightful compensation because of their emotions and mental state. That is why it is essential to have a qualified lawyer to help them deal with the entire process. 

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