{"id":353555,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/wrongful-death-overview.html"},"modified":"2025-08-14T13:11:13","modified_gmt":"2025-08-14T18:11:13","slug":"wrongful-death-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/wrongful-death-overview.html","title":{"rendered":"Wrongful Death Elements and Damages"},"content":{"rendered":"\n
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Wrongful Death Elements and Damages<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Katrina Wilson, 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

In a wrongful death lawsuit, you must prove specific elements for a successful claim. These elements include proving the many damages from losing your loved one.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

When a person dies or is killed due to someone else’s negligence or misconduct, the surviving members of the victim’s family may sue for wrongful death.<\/p>\n

Many\u00a0wrongful death<\/a> lawsuits come after criminal trials. Wrongful death actions are civil lawsuits and are a type of personal injury claim. They use similar evidence to criminal cases but have a lower standard of proof<\/a>.<\/p>\n

Every state has a civil wrongful death statute, or set of statutes. They establish the procedures for these claims. A local wrongful death lawyer<\/a> can explain the specific laws and requirements in your state.<\/p>\n

Elements of a Wrongful Death Lawsuit<\/h2>\n

To bring a successful wrongful death cause of action, all the following elements must be present:<\/p>\n