A Guide To The Types Of Wrongful Death Claims

By Doug Standriff on November 15, 2025

Losing a loved one is one of the most painful experiences a person can go through, especially when the loss could have been prevented. When someone dies due to the negligence, recklessness, or intentional act of another party, the surviving family members may be entitled to file a wrongful death claim. Understanding the types of wrongful death claims is the first step toward recognizing whether you have a case and what your options might be under the law.

Wrongful death claims can stem from a variety of situations. From car crashes to medical malpractice, the causes vary, but the emotional and financial toll is often similar. While no amount of legal action can reverse the loss, pursuing a wrongful death claim can help secure compensation for the damages left behind and provide a sense of accountability.

Medical Malpractice Wrongful Death Claims

Medical professionals are expected to uphold a certain standard of care. When that standard is breached and a patient dies as a result, surviving family members may be able to pursue a wrongful death claim. These cases often involve surgical errors, misdiagnosis or delayed diagnosis, medication mistakes, and birth injuries.

Medical malpractice wrongful death claims can be challenging to prove because they require expert testimony to establish what the standard of care was and how it was violated. It must be shown that the death was a direct result of the healthcare provider’s negligence, rather than an unavoidable complication. These cases also typically involve hospitals, physicians, nurses, and, in some instances, pharmaceutical companies, depending on the specific circumstances.

Motor Vehicle Accident Wrongful Death Claims

Car accidents are one of the most common causes of wrongful death in the United States. If a person is killed in a crash caused by another driver’s negligence, such as speeding, distracted driving, DUI, or failure to obey traffic laws, the surviving family may have grounds for a claim.

Motorcycle crashes, truck accidents, and pedestrian incidents also fall under this category. In some cases, the wrongful death claim may extend beyond the at-fault driver to other entities, such as the employers of commercial vehicles or manufacturers of defective vehicle parts. Proving negligence in a motor vehicle accident claim usually involves examining police reports, witness statements, camera footage, and expert accident reconstruction.

Workplace and Construction Accidents

Wrongful death claims can also arise from fatal workplace incidents. Construction sites, factories, and warehouses are particularly prone to hazardous conditions, but fatal accidents can occur in any work environment. If an employer fails to provide a safe work environment or violates OSHA standards, and that leads to a worker’s death, a wrongful death claim may be appropriate.

While workers’ compensation often provides death benefits to surviving family members, it may not cover all damages or hold third parties accountable. For example, if equipment was defective or a subcontractor acted negligently, a separate wrongful death lawsuit could be filed outside of the workers’ compensation system.

Defective Products and Product Liability

When a person dies due to a defective product, the manufacturer, distributor, or retailer may be held liable in a wrongful death claim. These cases are often categorized as product liability claims and involve products such as faulty medical devices, unsafe automobiles, dangerous drugs, or defective household appliances.

Proving liability in these cases may involve showing that the product was unreasonably dangerous when used as intended, lacked proper warnings or instructions, or was improperly manufactured or designed. These claims often require in-depth technical evidence and expert analysis.

Criminal Acts Leading to Wrongful Death

Not all wrongful death claims arise from accidents. In cases involving criminal acts, such as assault, homicide, or drunk driving, a civil wrongful death claim can be pursued alongside or independent of criminal prosecution.

A criminal conviction is not necessary to win a wrongful death case. The standard of proof in civil court is lower than in criminal court. Even if a defendant is acquitted in a criminal trial, they may still be held financially responsible in a civil lawsuit. These claims can provide families with a path to justice and compensation, even when the criminal system does not result in a conviction.

Nursing Home Neglect or Abuse

Wrongful death in nursing homes is tragically more common than many people realize. Elderly individuals who are neglected, abused, or given inadequate medical care may suffer injuries or illnesses that ultimately result in death.

Examples include untreated infections, falls due to lack of supervision, dehydration, malnutrition, and medication errors. In these cases, wrongful death claims can be filed against the nursing home facility, its staff, and possibly third-party medical providers. Proving liability often involves reviewing medical records, gathering witness testimony, and examining internal facility documentation.

Premises Liability and Slip and Fall Accidents

In some cases, a person may die as a result of a fall or another injury that occurred on unsafe property. Property owners have a duty to maintain safe conditions for visitors. If a fatal accident occurs due to dangerous stairs, poor lighting, icy walkways, or inadequate security, a wrongful death claim may be appropriate under premises liability law.

These types of claims may involve residential property owners, commercial landlords, retail stores, or even government entities. Establishing liability typically requires proving that the hazard existed, the owner knew or should have known about it, and failed to take reasonable steps to mitigate or warn others about it.

Public Transportation and Common Carrier Accidents

Wrongful deaths involving trains, buses, airplanes, or other forms of public transportation often fall under special legal rules. Operators of public transit systems are held to a high standard of care and responsibility. When that duty is breached, and a fatality occurs, a wrongful death claim may be filed against the transportation agency or company.

These cases are often time-sensitive, especially if they involve government-run transit systems. Notices must be filed within specific deadlines, and unique rules apply, so it’s important to act quickly if a loved one died in one of these tragic events.

Who Can File a Wrongful Death Claim in New Jersey?

In New Jersey, wrongful death claims are typically brought by the executor or administrator of the deceased’s estate on behalf of surviving family members. Beneficiaries may include the deceased’s spouse, children, parents, or others who were financially dependent on them.

Compensation in a wrongful death case can include funeral and burial expenses, lost income and benefits, loss of companionship, and the value of services the deceased would have provided had they not passed away. The goal is to address the tangible and intangible losses experienced by the surviving family.

Why Legal Representation Matters in Wrongful Death Cases

Wrongful death claims are complex and emotionally charged. They often involve multiple parties, extensive documentation, and a deep understanding of state laws. Each type of claim comes with its own unique legal challenges and evidentiary standards, which is why having the right representation is crucial.

At Bergen Law, we’ve spent over 30 years representing families in some of the most difficult moments of their lives. If you’ve lost a loved one due to someone else’s actions, our experience as professional wrongful death lawyers in Bergen County allows us to help you seek justice, hold the right parties accountable, and pursue the compensation your family needs to move forward.