{"id":353469,"date":"2017-08-23T19:27:33","date_gmt":"2017-08-24T00:27:33","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/injury\/torts-and-personal-injuries\/how-to-file-a-wrongful-death-lawsuit.html"},"modified":"2025-08-12T11:35:37","modified_gmt":"2025-08-12T16:35:37","slug":"how-to-file-a-wrongful-death-lawsuit","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/how-to-file-a-wrongful-death-lawsuit.html","title":{"rendered":"How To File a Wrongful Death Lawsuit"},"content":{"rendered":"\n
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How To File a Wrongful Death Lawsuit<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

If you have lost a loved one due to the negligent or intentional act of another person, you may sue for wrongful death. But first, you’ll need to know how to file a wrongful death claim.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Lawsuits are often filed in civil court following a homicide or wrongful death. The surviving family may be searching for money to address financial losses, justice against the person who caused the death, or a sense of closure alongside their grief. Wrongful death claims usually serve all three purposes.<\/p>\n

This article provides an overview of the requirements and steps to file a wrongful death lawsuit, including:<\/p>\n

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  1. Determining whether you have a valid claim<\/a><\/li>\n
  2. Verifying whether you are an eligible person<\/a> to sue<\/li>\n
  3. Understanding the time limit to file for wrongful death<\/a><\/li>\n
  4. Completing the court documents<\/a><\/li>\n
  5. Serving the defendant<\/a><\/li>\n<\/ol>\n

    Any of these initial steps could become a challenge depending on your circumstances. This is why it’s a good idea to talk to a wrongful death attorney<\/a> before taking any action. They can help you understand whether you should sue and how to best prepare for your claim.\u00a0<\/p>\n

    <\/a>What Is a Wrongful Death Lawsuit?<\/h2>\n

    A\u00a0wrongful death lawsuit<\/a> can be filed when a person dies as a result of the negligence or wrongful act of another person. In the case of an intentional or negligent homicide, the prosecutor may bring charges and commence a criminal trial against the responsible party. The family of the decedent (deceased person) also may have a civil remedy in filing a wrongful death lawsuit against a person, institution, or corporation responsible for the death.<\/p>\n

    The surviving family members of the deceased person can recover damages in a number of ways. These include financial compensation for:<\/p>\n