Losing a loved one is never easy. But when their death happens because of someone else’s actions—or inaction—it can feel even more heartbreaking and unfair https://cummings.law/. In legal terms, this kind of situation may lead to something called a wrongful death claim.
If you’ve heard the phrase but aren’t sure what it means, don’t worry. We’re breaking it down into simple, everyday language.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of lawsuit you can file when someone dies because of another person or company’s negligence, carelessness, or intentional act.
In plain terms: If your loved one would still be alive if someone had acted responsibly, you may have the right to take legal action.
Common Examples of Wrongful Death
Wrongful death cases can happen in many different situations, such as:
- Car accidents caused by drunk or reckless drivers
- Medical malpractice, like a doctor making a serious error
- Workplace accidents where safety rules weren’t followed
- Defective products, such as a faulty airbag or unsafe drug
- Criminal acts, including assault or other violence
Who Can File a Wrongful Death Claim?
Each state has its own rules, but usually, the people who can file a wrongful death claim include:
- The spouse of the deceased
- Their children
- Sometimes their parents or siblings
- A personal representative of the estate
Your state laws will define exactly who’s eligible, so it’s a good idea to speak with a lawyer if you’re unsure.
What Can Be Recovered in a Wrongful Death Case?
A wrongful death claim can’t bring your loved one back—but it can help ease the financial burden left behind. The money awarded in a successful case (called damages) may cover:
- Funeral and burial costs
- Medical bills related to the person’s final injury or illness
- Loss of income or financial support
- Loss of companionship, guidance, or emotional support
- Pain and suffering of the family
How Long Do You Have to File?
Most states have a statute of limitations, meaning there’s a time limit to file a wrongful death claim—often 1 to 3 years from the date of death. If you miss the deadline, you might lose your right to take legal action, so don’t wait too long to speak with an attorney.
Do You Need a Lawyer?
Wrongful death cases can be complicated, especially when dealing with insurance companies or proving someone else was at fault. A qualified personal injury or wrongful death attorney can guide you through the process, protect your rights, and help you get the compensation you deserve.
Final Thoughts
A wrongful death claim is about seeking justice and support after a preventable loss. While no amount of money can replace a loved one, holding the responsible party accountable can bring some peace—and help ease the burdens left behind.
If you think you may have a wrongful death case, don’t hesitate to talk to a legal professional. You don’t have to go through it alone.