4 Facts To Know About a Wrongful Death Lawsuit Before You File

Losing someone you love to another’s negligent actions can be devastating. Funeral costs, medical bills, and grief may make the situation feel overwhelming; however, you may be able to recover by filing a wrongful death lawsuit. Depending on the circumstances of your case, you could receive financial compensation for your loved one’s death, along with punitive damages that courts hand down to punish reckless behavior. Before you file, you may want to learn a few details about what is involved in building this type of lawsuit and how to proceed.

  1. There May Be More Than One Defendant 

One of the first steps to take in a wrongful death lawsuit is to identify who was at fault for your loved one’s death, and there may be more than one person involved. For example, if your minor son went out with a friend, served alcohol at a bar, and then that friend drove drunk and caused an accident that killed your child, you might be able to sue the owner of the bar and the family of the driver. Your attorney can help you decide who to name in the case.

  1. You Can Sue for an Intentional Death

While some wrongful deaths are accidental, others might be premeditated and may be subject to a lawsuit. One example may be if a criminal broke into your home and killed your elderly mother during a robbery, as his or her actions were willful and planned. No matter the circumstances, if your loved one was killed by the intentional actions of another, you may be able to sue.

  1. Unborn Children May Be Named in a Lawsuit 

If you are the parent of an unborn child that was killed by someone else’s negligence, you might be able to create a wrongful death lawsuit, depending on the state in which you live. Not all states allow this, but in those that do, the death may be actionable whether the mother was also killed or not. You can speak to your attorney about how the laws in your state might affect your case.

  1. The Defendant May Be a Company 

Not all wrongful death lawsuits involve individual defendants, and in many cases, a company or corporation may be to blame for a death. Some examples include car manufacturers, factories that produced a fault or dangerous item, and a retailer that failed to post signs in an area that posed a potential hazard for its customers.

Seeking compensation for your loved one’s untimely death can be a puzzling process, but you do not have to endure it alone. Reach out to an attorney, like a wrongful death lawyer in Fort Lauderdale, FL, today for further assistance.


Thank you to the expert lawyers at Needle & Ellenberg, P.A. for their insight into wrongful death cases and the law.