{"id":358076,"date":"2016-04-04T10:46:22","date_gmt":"2016-04-04T15:46:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/wrongful-death-plaintiff.html"},"modified":"2023-09-19T08:21:32","modified_gmt":"2023-09-19T13:21:32","slug":"wrongful-death-plaintiff","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/wrongful-death-plaintiff.html","title":{"rendered":"Attorneys and Wrongful Death Lawsuits"},"content":{"rendered":"\n
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Attorneys and Wrongful Death Lawsuits<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, 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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A wrongful death lawsuit is a civil claim brought by a victim\u2019s family or estate when someone dies because of another party\u2019s negligence or wrongful actions. A wrongful death attorney guides families through the legal process, gathers evidence, and works to hold the responsible party accountable.<\/p>\n<\/div>\n\n <\/div>\n\n\n\n

When a loved one dies because of another person’s carelessness or negligence survivors feel anger, grief, and confusion. They want the responsible party held accountable for their family member’s death. During this difficult time, many people consider legal action.<\/p>\n

Wrongful death<\/a> claims allow survivors to seek compensation for financial losses and the emotional impact of their loved one\u2019s death. The victim’s family may sue the individual or entity legally at fault for the victim’s death. Wrongful death claims do not hold the defendant criminally liable, but they can give family members some monetary compensation for the death of a loved one.<\/p>\n

This article explains wrongful death lawsuits. It outlines who can sue for wrongful death, potential damages, and more. You’ll also learn how a wrongful death attorney<\/a> guides families through this complex and overwhelming process.<\/p>\n

What Is\u00a0Wrongful Death?<\/h2>\n

Wrongful death is any death caused by \u201cthe negligent, willful, or wrongful act, neglect, omission, or default of another.” A wrongful death claim resembles a personal injury claim<\/a>, except that it is not brought by the victim but by the victim’s family or estate.<\/p>\n

Each state has its own\u00a0wrongful death statutes. Wrongful death laws define who may sue for wrongful death and the limits on damages. The statute of limitations<\/a>\u2014the time survivors must bring the case\u2014varies from one to three years in most states.<\/p>\n

Who Can Sue for Wrongful Death?<\/h2>\n

Most state laws limit recovery in wrongful death cases to immediate family members, surviving spouses, children, and parents. The requirements differ from those considered heirs under the will or the state intestacy laws<\/a>.<\/p>\n

For instance, a non-family member who is a named beneficiary of a will<\/a> cannot file a wrongful death suit. However, the personal representative can file suit on behalf of the decedent’s estate. Any damages recovered are then distributed according to the will or state laws for intestacy.<\/p>\n

Types of Wrongful Death Cases<\/h2>\n

Wrongful death suits often appear after or in addition to other personal injury cases. Proving negligence<\/a> is the first step in all cases. The plaintiff must show that the defendant did all of the following:<\/p>\n