What Is a Wrongful Death Lawsuit?

When someone else's carelessness causes a tragedy, a wrongful death lawsuit can help your family seek justice and compensation.

Key Takeaways

• A wrongful death lawsuit lets you recover damages if someone else’s negligence or wrongdoing caused your loved one’s death.
• Wrongful death claims are civil cases, separate from criminal charges like manslaughter.
• Filing a wrongful death lawsuit requires meeting certain legal criteria.
  

Losing a family member due to someone else’s actions is devastating. While no legal process can undo the tragedy, filing a wrongful death claim can provide your family with a sense of justice and accountability. But what is a wrongful death lawsuit, and how does it help hold the responsible person financially accountable for the harm they caused?

What Does Wrongful Death Mean?

“Wrongful death” means someone was killed due to another person’s negligence or intentional wrongdoing. A wrongful death lawsuit is filed by the victim’s surviving family or estate to recover damages for their loss. This means you can pursue financial compensation for losses such as your loved one’s lost income, funeral expenses, and emotional suffering.

When Can You File a Wrongful Death Lawsuit?

You can file a wrongful death lawsuit when someone dies as a result of another party’s negligence, recklessness, or intentional harm. Common situations that legally count as wrongful death include:

• Negligence: A fatal car accident caused by a careless driver.
• Medical Mistakes: A patient dies because of a doctor’s error.
• Workplace Accidents: An employee is killed due to unsafe working conditions.
• Defective Products: A faulty or dangerous product leads to a fatal injury.
• Reckless or Intentional Acts: A deliberate assault results in death.

In other words, it’s not enough that someone died, but you must also show that the other person’s actions directly caused the death.

Who Can File a Wrongful Death Lawsuit?

• Only certain people are allowed to file a wrongful death claim, including:
• A surviving spouse
• A parent of the deceased
• A child of the deceased

In Arizona, siblings, grandparents, or other extended family members usually cannot file for wrongful death on their own. However, if an extended family member is officially appointed by the court as the Personal Representative of the estate, they may file a wrongful death claim on behalf of the eligible beneficiaries or bring a survival action on behalf of the estate itself. While a wrongful death claim seeks compensation for the family’s personal grief and losses, a survival action addresses the losses the deceased could have claimed if they had lived.

How Do You File a Wrongful Death Lawsuit?

To start a wrongful death lawsuit, you should first find an attorney to guide you. They will help you gather evidence to prove who was at fault.

Once your case is built, your lawyer will file the necessary paperwork in civil court. Because how long a wrongful death lawsuit takes to prepare can vary, starting early gives your attorney time to put together the case and meet all legal deadlines. Every state has a strict time limit. For example, in Arizona, you must file your lawsuit within two years of your loved one’s passing.

Are Wrongful Death and Manslaughter the Same?

Wrongful death is a civil lawsuit for compensation, whereas manslaughter is a criminal charge for causing a death. They are handled in different courts, and a criminal case does not control the outcome of a civil wrongful death claim. Families can sue for wrongful death even if no criminal charges are filed, or if the accused is found not guilty in a criminal trial.

Is a Wrongful Death Lawsuit an Option for Your Family?

Sargon Law Group understands how painful wrongful death is. Taking legal action can help hold the responsible party accountable and give your family the financial protection it may need moving forward.

With care and compassion, our legal team will explain your options in plain language, gather the evidence needed, and fight for the compensation your family deserves. Take the next step and schedule a free consultation with a wrongful death attorney at Sargon Law to learn whether your family may have a claim.