How to File a Wrongful Death Lawsuit

September 2, 2024

Dealing with the death of a loved one is already a tragic and emotional experience. However, when that death is caused by someone else's negligence or wrongful actions, the pain and suffering can be even greater. In such cases, it may be necessary to file a wrongful death lawsuit to seek justice and compensation for your loss.
Filing a wrongful death lawsuit is a complex legal process that requires careful planning and preparation. It is important to understand the steps on how to file a wrongful death lawsuit in order to ensure that you have the best possible chance of success.

how to file a wrongful death lawsuit

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action brought against a person, company, or entity whose actions or omissions caused the death of another person. These lawsuits are intended to hold the responsible party accountable for their actions and provide financial compensation to the surviving family members.
In order to file a wrongful death lawsuit, certain criteria must be met. These criteria typically include:
  • The death of a person
  • The death was caused by the negligence, recklessness, or intentional actions of another
  • Surviving family members who have suffered financial or emotional losses as a result of the death

Common examples of situations that may lead to a wrongful death lawsuit include car accidents , medical malpractice , workplace accidents, defective products, and criminal activities.

Types of Compensation

If the criteria are met, surviving family members can seek compensation for a variety of damages, including:
  • Funeral and burial expenses
  • Medical expenses related to the deceased's final illness or injury
  • Loss of financial support
  • Loss of companionship, guidance, and emotional support
  • Pain and suffering experienced by the deceased before their death

It's important to note that wrongful death lawsuits must be filed within a certain timeframe, known as the statute of limitations . This timeframe varies by state, so it's crucial to consult with a legal professional as soon as possible to ensure you don't miss the deadline.

Who can file a wrongful death lawsuit?

In most cases, the immediate family members of the deceased person are eligible to bring a wrongful death claim. This typically includes spouses, children, and parents of the deceased. Siblings, grandparents, and other family members may also be able to file a wrongful death lawsuit in some circumstances.
In addition to family members, a representative of the deceased person's estate may also be able to file a wrongful death lawsuit on behalf of the estate. This could include the executor or administrator of the estate, or a trustee if the deceased had a trust set up.
It's important to note that each state has its own specific laws regarding who can file a wrongful death lawsuit and what damages can be sought. For example, some states allow for the recovery of medical and funeral expenses, lost income, and pain and suffering. Others may allow for punitive damages to punish the wrongdoer for their actions.

Steps on How to File a Wrongful Death Lawsuit


Step 1: Hire a Qualified Attorney

Wrongful death cases can be complex and require a deep understanding of the legal system. It is crucial to hire an experienced attorney who specializes in wrongful death cases. They can guide you through the process, collect evidence, and advocate on your behalf.
Don't hesitate to contact Michael J. Englert, Attorney at Law . With his expertise and dedication, you can trust that your case will be in good hands. Take the first step towards seeking justice and closure by scheduling a consultation with Michael J. Englert today.

Step 2: Determine Eligibility

Not everyone is eligible to file a wrongful death lawsuit. Typically, the spouse, children, or parents of the deceased are the ones who have the right to file a claim. If you are unsure of your eligibility, consult with your attorney to clarify your legal rights.

Step 3: Collect Evidence

In order to build a strong case, it is important to gather relevant evidence to support your claim. This may include police reports, medical records, witness statements, and any other documentation related to the incident.

Step 4: File a Complaint

Your attorney will file a complaint with the court outlining the details of the wrongful death claim. This document will detail the circumstances of the death, the damages suffered by the survivors, and the compensation being sought.

Step 5: Negotiate a Settlement

In many cases, wrongful death lawsuits are settled outside of court through negotiations between the parties involved. Your attorney will work to secure a fair settlement that compensates you for your loss.

Step 6: Go to Trial

If a settlement cannot be reached, the case may proceed to trial. Your attorney will present evidence, call witnesses, and argue your case in front of a judge and jury. It is important to be prepared for the emotional toll of a trial, as reliving the details of the death can be difficult.

Step 7: Receive Compensation

If your case is successful, you may be awarded compensation for medical expenses, funeral costs, lost income , and pain and suffering. While no amount of money can undo the loss of a loved one, a successful wrongful death lawsuit can provide a sense of justice and accountability.

How to File a Wrongful Death Lawsuit

What are the Types of Assault Charges​

November 15, 2024
Assault charges are a serious matter that can have lasting repercussions on a person's life. Whether you have been accused of assault or are a victim of assault, it is important to understand the legal implications and consequences.
A woman is sitting in a car talking on a cell phone and holding a piece of paper.

How Long Does a DUI Conviction Stay on Record?

November 8, 2024
Driving under the influence (DUI) is a serious offense that can have long-lasting consequences. Not only does it pose a danger to yourself and others on the road, but it can also result in legal consequences that can impact your life for years to come. One such consequence is a DUI conviction record.
A glass of whiskey , a car key , and a judge 's gavel on a wooden table.

How to Defend DUI Charge

November 1, 2024
Driving under the influence (DUI) is a serious offense that can have significant consequences in Missouri. If you have been charged with a DUI in the state, it is important to understand the potential penalties and how to navigate the legal process.
More Posts →
Share by: