I'm not a lawyer. I'm a biohazard cleanup specialist. But I've been in hundreds of homes where a death was caused by someone else's negligence — landlords who ignored mold, property owners who skipped safety codes, companies that cut corners. And I've watched families struggle to understand their legal options while simultaneously dealing with the worst week of their lives.
This guide covers the basics of wrongful death lawsuits so you know enough to have an informed conversation with an attorney.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action (not criminal) filed by surviving family members when someone dies due to the fault of another party. It's separate from any criminal case — even if the responsible person is found "not guilty" criminally, you can still win a civil wrongful death case. The burden of proof is lower: "preponderance of evidence" (more likely than not) vs. "beyond a reasonable doubt."
Common Situations That Lead to Wrongful Death Claims
- Car accidents — drunk driving, distracted driving, trucking company negligence
- Medical malpractice — surgical errors, misdiagnosis, medication errors, birth injuries
- Workplace accidents — construction falls, industrial equipment, toxic exposure
- Defective products — vehicle defects, pharmaceutical side effects, faulty appliances
- Premises liability — unsafe property conditions, inadequate security, slip and falls
- Criminal acts — assault, murder (civil suit against the perpetrator)
- Nursing home neglect — inadequate care, abuse, medication errors
Who Can File a Wrongful Death Lawsuit?
This varies by state, but generally:
| Relationship | Can Typically File? |
|---|---|
| Spouse / domestic partner | Yes — in all states |
| Children (including adopted) | Yes — in all states |
| Parents of deceased minor | Yes — in all states |
| Parents of deceased adult | Varies by state |
| Siblings | Some states only |
| Grandparents | Rarely |
| Financial dependents | Some states |
| Estate representative | Yes — on behalf of the estate |
In many states, the lawsuit is filed by the "personal representative" of the deceased's estate on behalf of all eligible survivors.
What Can You Recover?
Wrongful death damages typically include:
Economic Damages (Quantifiable)
- Lost income — what the deceased would have earned over their remaining working life
- Lost benefits — pension, health insurance, Social Security
- Medical bills — costs incurred before death
- Funeral and burial expenses — typically $7,000–$15,000+
- Loss of services — childcare, household maintenance, etc.
- Cleanup costs — biohazard remediation, property restoration
Non-Economic Damages (Subjective)
- Loss of companionship — the relationship value lost by surviving family
- Pain and suffering — both the deceased's (before death) and the survivors'
- Loss of parental guidance — for surviving children
- Emotional distress — the psychological impact on survivors
Punitive Damages
In cases of extreme recklessness or intentional conduct, courts may award punitive damages to punish the wrongdoer. These can be substantial but aren't available in every state or every case.
Statute of Limitations
This is critical. Every state has a deadline for filing a wrongful death lawsuit. Miss it, and you lose your right to sue forever.
| Timeframe | States (Examples) |
|---|---|
| 1 year | Kentucky, Louisiana, Tennessee |
| 2 years | California, Texas, Pennsylvania, Ohio, Alabama, Georgia |
| 3 years | New York, New Jersey, Massachusetts, Maryland |
| 4+ years | Rare — a few states allow longer |
Start the clock from the date of death. Don't wait. Even if you're unsure about filing, consult an attorney within the first few weeks.
How to Find a Wrongful Death Attorney
- Specialization matters — look for attorneys who focus on wrongful death or personal injury, not general practice
- Contingency fee — most wrongful death attorneys work on contingency (they get paid only if you win, typically 33–40% of the settlement)
- Free consultation — any reputable wrongful death attorney offers a free initial consultation
- Track record — ask about their experience with cases similar to yours
- Resources — wrongful death cases can be expensive to litigate. Make sure the firm has the resources to go to trial if needed
What to Expect: The Process
- Consultation (free) — attorney evaluates your case
- Investigation — gathering evidence, medical records, accident reports, expert witnesses
- Filing the complaint — the lawsuit is officially filed with the court
- Discovery — both sides exchange evidence and take depositions (6–12 months)
- Mediation/settlement negotiations — most cases settle here (70%+ of wrongful death cases settle)
- Trial — if settlement isn't reached, the case goes before a judge or jury
- Appeal — the losing side may appeal (adds months to years)
Timeline: Most wrongful death cases take 1–3 years from filing to resolution. Complex cases (medical malpractice, product liability) can take longer.
Criminal Case vs. Civil Case
These are separate legal proceedings:
- Criminal case — filed by the state/district attorney. Purpose: punish the wrongdoer. Result: prison time, fines.
- Civil case (wrongful death) — filed by the family. Purpose: financial compensation. Result: monetary damages.
- You can pursue both simultaneously
- A criminal acquittal does NOT prevent a civil case (see: O.J. Simpson — acquitted criminally, found liable civilly)
Protecting Your Case
From the moment of death:
- Don't sign anything from insurance companies or the other party without attorney review
- Don't post on social media about the death, the responsible party, or your grief
- Preserve evidence — don't throw away anything related to the death scene, medical treatment, or communications
- Document everything — keep a journal of your emotional state, how the loss affects daily life, financial impacts
- Get a copy of the death certificate — you'll need multiple certified copies
- Request medical records — before and after the incident
- File a police report — if one hasn't been filed already
When a Wrongful Death Claim May NOT Apply
- Deaths from natural causes with no contributing negligence
- Workplace deaths where workers' compensation is the exclusive remedy (though exceptions exist for gross negligence)
- Deaths caused by government entities (sovereign immunity may apply, with exceptions)
- Cases where the statute of limitations has expired
The Intersection with Cleanup
Here's where my expertise comes in: the scene of a wrongful death often requires professional biohazard cleanup. Important to know:
- Cleanup costs are recoverable in a wrongful death lawsuit as part of economic damages
- Document cleanup expenses meticulously — keep all invoices, photos, and receipts
- Don't rush cleanup — make sure law enforcement has released the scene and your attorney has documented everything they need
- If you need a cleanup company now, check our vetted directory
This guide is for informational purposes only and is not legal advice. Consult a qualified wrongful death attorney for advice specific to your situation. For immediate cleanup needs, call (855) 566-2405.