How Do You File A Wrongful Death Lawsuit?

By Doug Standriff on July 12, 2025

Losing a loved one is painful. However, when the death occurs due to someone else’s negligence or wrongful actions, it becomes even more overwhelming. Families often face not only emotional loss but financial burdens as well.

In such circumstances, filing a wrongful death lawsuit can provide compensation for the damages you have suffered. Understanding how to file a wrongful death lawsuit is the first step in seeking justice for your loved one.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit can be filed when a person dies as a result of another person’s negligence or intentional harm. This type of legal action is distinct from criminal charges, though both can occur simultaneously.

While the government may file criminal charges against the responsible party, the deceased’s family can seek compensation through a civil lawsuit. Wrongful death claims can arise from various incidents, including car accidents, medical malpractice, and even criminal actions.

Who Can File a Wrongful Death Lawsuit?

Every state has its own laws about who can file a wrongful death lawsuit. In most cases, the surviving spouse, children, or parents of the deceased are eligible to file.

Nevertheless, other individuals who were financially dependent on the deceased, such as a partner or close relatives, may also be able to file a claim. Make sure to understand the specific laws in your state to determine whether you are eligible to file a wrongful death lawsuit.

If you are unsure of your rights, consulting with a professional wrongful death lawyer in Bergen County can help clarify who has standing in your case.

Statutes of Limitation for Wrongful Death Lawsuits

Each state has set a time limit for filing a wrongful death lawsuit, known as the statute of limitations. The time limits vary depending on where you live.

For example, in New Jersey, the statute of limitations for a wrongful death claim is typically two years from the date of death. If you miss this deadline, you may lose the opportunity to pursue compensation for your loved one’s death.

In some cases, the statute of limitations may begin from the date you discovered the harm rather than the date of death. Knowing the applicable statute of limitations in your state is critical.

Types of Compensation in a Wrongful Death Lawsuit

Filing a wrongful death lawsuit is not just about seeking justice. It can also provide financial compensation for the hardships you face as a result of your loss.

Below are some of the types of compensation you may claim:

Funeral and Burial Expenses: This covers the costs of funerals, cremation, and burial.
Medical Expenses: If the deceased was hospitalized before death, the family can claim compensation for those medical bills.
Lost Wages: This includes the wages the deceased would have earned if they had not died.
Loss of Companionship: Family members can claim compensation for the loss of their loved one’s companionship, love, and guidance.
Pain and Suffering: This includes compensation for the suffering the deceased endured before death.
Punitive Damages: If the defendant’s actions were especially reckless or malicious, the court may award punitive damages to punish them.

Each of these elements can make a significant difference in the recovery process. It’s necessary to work with a lawyer who can effectively pursue all potential avenues for compensation.

How to File a Wrongful Death Lawsuit

Once you determine that you are eligible to file a wrongful death lawsuit, the process begins. The first step is to consult with an attorney who specializes in wrongful death cases. Your lawyer will assess your case and help you understand the strengths and weaknesses of your claim.

After this, the following steps will generally be involved:

Filing a Complaint: This is the formal document that starts the lawsuit and provides the court with the details of the case. It outlines the facts and the legal grounds for the wrongful death claim.
Service of Process: After filing the complaint, the defendant must be served with notice of the lawsuit. This is done through a process server or law enforcement.
Discovery Process: Both parties will exchange information and documents related to the case. This step may involve depositions, where witnesses are questioned under oath.
Negotiation or Trial: Many wrongful death cases are settled before trial. But if an agreement cannot be reached, the case will go to court. Your lawyer will advocate for the best possible outcome.

The Role of a Lawyer in a Wrongful Death Case

A wrongful death lawyer in Bergen County will help you navigate the legal complexities involved in such a case. An experienced attorney will handle every step of the process, from filing the complaint to representing you in court. They will also manage negotiations with insurance companies and other parties involved.

Partnering with a lawyer experienced in wrongful death cases allows you to focus on grieving and healing while they manage the legal complexities. You don’t have to face this challenging time by yourself.

Common Challenges in Wrongful Death Cases

Wrongful death lawsuits often come with several challenges, including emotional and financial pressures. The defendant may deny responsibility or attempt to minimize the harm they caused.

Furthermore, proving damages, especially pain and suffering, can be complicated. Your lawyer will gather evidence, such as medical records and witness statements, to build a strong case on your behalf.

The legal process can also be lengthy, sometimes taking years before reaching a settlement or verdict. However, with the support of a skilled wrongful death attorney, you can confirm that your case is handled with the care and attention it deserves.

Let Bergen Law Help You Through the Legal Process

Bergen Law recognizes the emotional and financial toll that the loss of a loved one can take. Our experienced team, led by Certified Civil Trial Attorney Douglas Standriff, is here to help you navigate the complexities of a wrongful death lawsuit. We will work tirelessly to make sure that you receive the compensation you deserve while you focus on healing.

If you have lost someone due to another person’s negligence, contact us today to schedule a consultation and discuss your legal options.

Let us guide you through the process and fight for the justice your family deserves.