Wrongful Death — No Win No Fee

What Is a Wrongful Death Claim?

Direct Answer: A wrongful death claim is a civil action brought by survivors when someone dies due to another's negligence, recklessness, or intentional act. Most wrongful death attorneys work on contingency (33⅓%–40%), meaning the family pays nothing unless the case succeeds.

Wrongful death is a civil cause of action that allows the survivors of a deceased person to seek compensation when the death was caused by another's negligence, recklessness, or intentional act. Common scenarios include fatal car accidents, medical malpractice resulting in death, workplace accidents, defective products, and criminal violence.

Who Can File?

Each state's wrongful death statute defines who may bring the claim. In most states, the following parties have standing:

• Surviving spouse — nearly universally permitted
• Children — including minor and adult children in most states
• Parents — particularly in cases involving the death of a minor child
• Personal representative of the estate — files on behalf of all beneficiaries (required in some states)

Wrongful Death vs Survival Action

A wrongful death claim compensates the survivors for their losses (loss of support, companionship). A survival action, by contrast, compensates the decedent's estate for damages the deceased person suffered before death (pain and suffering, medical expenses). Many cases involve both claims filed simultaneously.

Damages Available

• Loss of financial support and expected earnings
• Loss of companionship, consortium, and parental guidance
• Funeral and burial expenses
• Medical expenses incurred before death
• Pain and suffering of the deceased (via survival action)
• Punitive damages — available in some states for particularly egregious conduct