The death of a family member or loved one is never easy. That pain can be even worse when their passing was caused by the negligent, reckless, or intentional actions of another person or entity. In such cases, grieving families are often left with more questions than answers. It’s a time filled with heartache, confusion, and a deep sense of loss.
Amid the emotional weight, there’s also a legal reality that cannot be ignored.
The term for this situation is called “wrongful death”. Though winning a legal case won’t replace the person lost, it can offer compensation for the financial and emotional toll that follows a sudden, preventable death. Understanding wrongful death and how this process works (as well as related processes like “Survival Action”) is critical to moving forward from this terrible situation.
As a law office experienced in accident and injury cases, we’ve helped countless families who are coping with the aftermath of a wrongful death. Today, we’d like to do the same for you.
What is Wrongful Death?
Wrongful death is a legal claim that arises when someone dies as a direct result of another person or party’s misconduct or negligence. This could stem from something as sudden as a distracted driver running a red light or as ongoing as a company knowingly distributing a defective product. The core idea is that the death would not have occurred if reasonable care or action had been taken.
Common causes of wrongful death include:
- Car and truck accidents
- Defective products
- Dog attacks
- Unsafe premises or property conditions
- Medical or nursing home negligence
- Violent crimes or intentional harm
In these situations, the law allows certain family members or representatives of the deceased’s estate to file a wrongful death claim against those responsible. The goal is to hold the negligent party accountable while easing the burden on those left behind.
It’s important to understand that wrongful death claims are civil cases. They are separate from any criminal charges that might also be brought. Whether or not someone is arrested or prosecuted, surviving family members may still be entitled to seek compensation through the civil justice system.
What a Wrongful Death Claim Covers
A wrongful death claim allows the survivors of the deceased to seek damages for what they have lost. This can include financial losses, as well as emotional suffering. Common types of damages include:
Medical Bills
If the person received medical care before their passing, those bills can be included in the claim. These may range from emergency response and hospital stays to surgeries, medications, or end-of-life care.
Funeral and Burial Costs
Funeral services can be expensive and are often unexpected. These costs may be reimbursed as part of a wrongful death claim.
Lost Wages and Income
When the deceased was a provider, their sudden absence can cause long-term financial instability. Compensation may include not just current lost wages, but future earnings the deceased would likely have provided over time.
Loss of Consortium and Companionship
The law also recognizes that the loss of a loved one carries deep emotional consequences. Spouses, children, and other close relatives may receive compensation for the loss of affection, guidance, and emotional support.
Retirement and Benefits
In cases where the deceased had retirement plans or employment benefits that would have supported their family, compensation may include the value of those lost assets.
Is Survival Action Different from Wrongful Death?
While a wrongful death claim focuses on the losses suffered by surviving family members, a survival action is about the suffering and expenses experienced by the deceased before they passed away. These are two separate claims that can often be filed together, but they serve different purposes.
Think of it this way: a wrongful death claim is for the living; a survival action is for the person who passed.
Here’s how that works.
In some tragic cases, the person who was injured does not die immediately. They may suffer through a painful hospital stay or a period of uncertainty before eventually succumbing to their injuries. In these situations, that individual still had legal rights while they were alive, and those rights don’t disappear after death. A survival action ensures those rights are carried forward through their estate.
What Survival Action Covers
The survival action allows for the recovery of damages the deceased could have claimed if they had survived. These can include:
Medical Expenses
All treatments and procedures the individual received before passing may be recovered. This includes ambulance transportation, surgeries, hospital stays, medication, and any specialized care.
Lost Earnings
If the deceased missed time from work between the time of the incident and the time of their death, their lost wages during that period can be recovered through a survival action.
Pain and Suffering
This is a critical difference from wrongful death. Survival actions allow the estate to pursue compensation for any pain, suffering, or mental distress the deceased experienced before passing.
Property Damage
If personal property was damaged in the same incident (such as a vehicle in a crash), a survival action may also address these losses.
Unlike a wrongful death claim, the proceeds of a survival action typically go into the deceased’s estate and are distributed according to a will or state probate laws. A wrongful death claim, by contrast, goes directly to surviving family members. For this reason, the two claims are often filed in tandem to fully account for the losses that occurred both before and after the death.
When to Contact an Attorney for Understanding Wrongful Death
Navigating the grief of a loved one’s death is already an emotional burden. When that death occurs due to someone else’s actions, the situation becomes even more overwhelming. Unfortunately, the process of filing a claim, whether for wrongful death or survival action, is not always straightforward.
If you’ve experienced the wrongful death of a family member or loved one, you need to act quickly.
There are legal deadlines to consider, documentation to collect, and legal standards to meet. Evidence can disappear. Witnesses can become difficult to reach. Memories of what happened begin to fade. Time can quickly work against you.
That’s why you should speak with an attorney as soon as you’re able to. They will be able to help you understand your options and take the right actions. With an injury attorney, the initial consultation is typically free, so you have nothing to lose in reaching out.
The Richards Firm is Here to Help
Coping with wrongful death is one of the most devastating experiences a family can go through. We know that you are hurting, and you’re looking for answers. You want to be seen, heard, and treated as an individual. That’s what we’re here for.
The Richards Firm was founded to make the legal system more accessible to those in need. We treat every case individually, working directly with you to understand your needs and goals. From start to finish, you’ll work directly with Rhys Richards as we take the necessary steps and work towards the best resolution possible.
With The Richards Firm, your initial consultation is always free, and you only pay if we win your case.
It all starts with scheduling your initial consultation. We can do it in person at a location of your choosing, over a video call, or on the phone. Simply visit our contact page here or give us a call at 513-461-0084. We look forward to meeting with you and helping you during this difficult time.