What You Should Know About A Wrongful Death Lawsuit
By Doug Standriff on June 21, 2025
Experiencing the loss of a loved one because of another person’s negligence or misconduct is deeply devastating and emotionally overwhelming. On top of the emotional toll, families may find themselves struggling with financial hardships. If you’ve experienced such a loss, you may be wondering if a wrongful death lawsuit is the right course of action. Here’s a look at the vital aspects of wrongful death lawsuits and how they can help you seek justice.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit occurs when a person dies as a result of the negligent or intentional acts of another party. These cases are filed by surviving family members or the estate of the deceased against the responsible individual or organization. The goal is to obtain compensation for the financial and emotional losses that the family suffers due to the untimely death.
Who Can File a Wrongful Death Lawsuit?
Each state has its own laws regarding who can file a wrongful death lawsuit, but typically, immediate family members such as spouses, children, or parents have the right to pursue a claim. In some states, extended family members like siblings or grandparents may also be eligible, depending on the circumstances. In rare cases, the deceased’s estate may file the lawsuit.
What Are Common Causes of Wrongful Death?
Wrongful death lawsuits can arise from a variety of situations. Some of the most common causes include:
- Car Accidents: Collisions caused by reckless driving, speeding, or driving under the influence of drugs or alcohol.
- Medical Malpractice: When healthcare professionals fail to meet the required standard of care, leading to a fatal outcome.
- Workplace Accidents: Unsafe working conditions or negligence on the part of an employer leading to a fatal injury.
- Defective Products: When a product is defectively designed or poorly manufactured, resulting in death or fatal injury.
- Criminal Acts: Homicides or other violent crimes where the responsible party is found.
What Can Be Claimed in a Wrongful Death Lawsuit?
When filing a wrongful death lawsuit, families may be entitled to various types of compensation, which can vary by jurisdiction. Common claims include:
- Funeral and Burial Expenses: Covering the costs associated with the deceased’s funeral and burial.
- Loss of Financial Support: Compensation for lost income or support that the deceased would have provided to their family.
- Emotional Pain and Suffering: Compensation for the emotional trauma suffered by surviving family members.
- Punitive Damages: When the at-fault party’s behavior is especially reckless or intentional, the court may grant punitive damages to penalize their conduct and send a strong message of deterrence.
How Does the Legal Process Work?
The wrongful death legal process typically begins with the filing of a complaint. The surviving family members or the estate’s representative must prove that the responsible party’s actions led directly to the death of their loved one. This often involves gathering evidence, which may include medical records, eyewitness testimonies, expert opinions, and more.
Once the case is filed, it may go through settlement negotiations, or it could proceed to trial if the parties cannot reach an agreement. Many wrongful death cases are settled out of court to avoid the time and expense of a trial. However, if the case does go to trial, a judge or jury will decide on the appropriate compensation.
How Long Do You Have to File a Wrongful Death Lawsuit?
Every state sets its own statute of limitations, or specific deadlines, for filing a wrongful death claim. In most cases, this time limit falls between one and three years after the date of death. Acting quickly is crucial; missing the deadline may mean forfeiting your right to seek compensation. Speaking with a wrongful death attorney early on can help ensure your case is filed on time.
A skilled attorney can help guide you through the process, protect your rights, and ensure that you receive fair compensation for your loss. They can also handle negotiations with insurance companies and legal representatives, allowing you to focus on grieving and healing.
Seek Justice for Your Loved One – Contact Bergen Law Today
Losing a loved one due to someone else’s negligence is devastating. At Bergen Law, we specialize in wrongful death cases in Bergen County, offering compassionate legal guidance to help grieving families. With over 30 years of experience, our team works tirelessly to seek justice and secure compensation for funeral costs, medical expenses, lost income, and emotional suffering.
We understand that no amount of compensation can replace your loved one, but we are here to help you navigate this challenging time with the support you deserve. Contact us today for a free, confidential consultation.