Best Wrongful Death Lawyers in the USA

Frequently Asked Questions

What does a wrongful death lawyer do?

A wrongful death lawyer represents families who have lost a loved one due to someone else's negligence or intentional actions. They investigate the circumstances of the death, identify liable parties, and pursue compensation on behalf of surviving family members.

These attorneys handle every aspect of the legal process, including:

• Gathering evidence such as medical records, accident reports, and expert testimony
• Calculating the full value of your claim, including future lost income
• Negotiating with insurance companies and defense attorneys
• Filing court documents and meeting strict legal deadlines
• Taking the case to trial if a fair settlement isn't offered

Who can file a wrongful death lawsuit?

State laws determine who has legal standing to bring a wrongful death claim. Most states restrict filing rights to immediate family members or the personal representative of the deceased's estate.

Common eligible parties include:

• Surviving spouses
• Children (including adopted children)
• Parents of unmarried children
• Domestic or life partners in some states
• Financial dependents in certain jurisdictions

Some states, like California, allow a broader range of claimants, while others, like Texas, limit claims to spouses, children, and parents. An attorney can clarify who qualifies under your state's wrongful death statute.

How do I choose the right wrongful death attorney for my case?

Look for an attorney with specific experience handling wrongful death cases similar to yours. A lawyer who primarily handles car accidents may not be the best fit for a medical malpractice death case.

Key factors to compare:

Schedule consultations with at least two or three attorneys before deciding. Most offer free initial meetings for wrongful death cases.

How much does a wrongful death lawyer cost?

Most wrongful death attorneys work on a contingency fee basis. You pay nothing upfront, and the lawyer receives a percentage of your settlement or verdict—typically between 33% and 40%.

The percentage often depends on how far the case progresses:

• Pre-lawsuit settlement: 33% is standard
• After filing suit: 35-40% is common
• At trial: Some attorneys charge up to 40%

Ask whether case expenses (filing fees, expert witnesses, medical record retrieval) are deducted before or after the attorney's percentage. This detail can significantly affect your final recovery.

What is the statute of limitations for wrongful death claims?

The statute of limitations sets a strict deadline for filing your lawsuit. Missing this deadline almost always bars your claim entirely, regardless of its merit.

Deadlines vary significantly by state:

• 1 year: Tennessee, Louisiana, Kentucky
• 2 years: Texas, California, Pennsylvania, Ohio
• 3 years: New York, New Jersey, Michigan
• 4+ years: Maine (6 years), North Dakota (4 years)

Some circumstances can extend or shorten these deadlines. Claims against government entities often require notice within 6 months. The discovery rule may delay the clock if the cause of death wasn't immediately apparent.

What compensation can families recover in a wrongful death case?

Wrongful death damages aim to compensate survivors for both economic losses and the personal impact of losing a family member. The types and amounts vary by state law and the specific circumstances.

Economic damages include:

• Medical bills from the deceased's final injury or illness
• Funeral and burial expenses
• Lost wages and future earning capacity
• Loss of benefits like health insurance and pension contributions
• Value of household services the deceased provided

Non-economic damages include:

• Loss of companionship, guidance, and consortium
• Pain and suffering experienced by survivors
• Mental anguish and emotional distress
• Loss of parental guidance for minor children

Some states cap non-economic damages. Others allow punitive damages when the death resulted from gross negligence or intentional misconduct.

How long does a wrongful death lawsuit take to resolve?

Most wrongful death cases settle within 1 to 3 years. Complex cases involving multiple defendants, disputed liability, or catastrophic damages may take longer.

Typical timeline phases:

1. Investigation and case building: 2-6 months
2. Filing complaint and initial motions: 1-3 months
3. Discovery (depositions, document exchange): 6-12 months
4. Mediation or settlement negotiations: 1-3 months
5. Trial (if necessary): Additional 6-12 months

Insurance companies sometimes delay tactics hoping financial pressure will force a lower settlement. An experienced attorney can push back against unreasonable delays while ensuring your case is thoroughly prepared.

What evidence is needed to prove a wrongful death claim?

Successful wrongful death cases require evidence establishing four elements: duty, breach, causation, and damages. Your attorney will gather documentation to prove each component.

Critical evidence often includes:

• Autopsy and death certificate
• Medical records documenting treatment before death
• Accident or incident reports
• Witness statements and depositions
• Expert testimony (medical experts, accident reconstructionists, economists)
• Employment records and tax returns proving lost income
• Photos, videos, or surveillance footage
• Cell phone records or toxicology reports when relevant

Preserving evidence quickly is essential. Surveillance footage gets deleted, witnesses forget details, and physical evidence disappears. Contact an attorney as soon as possible after a wrongful death.

Should I accept the insurance company's settlement offer?

Initial settlement offers from insurance companies are typically far below the case's true value. Insurers calculate what they think you'll accept, not what your claim is worth.

Before accepting any offer, consider whether it accounts for:

• All current and future economic losses
• Non-economic damages like loss of companionship
• The strength of your evidence and liability arguments
• What a jury might award at trial

Once you accept a settlement, you cannot pursue additional compensation later. An attorney can evaluate whether an offer is reasonable and negotiate for a fair amount.

What's the difference between wrongful death and survival actions?

These are two separate legal claims that often arise from the same incident. Understanding the distinction affects what compensation your family can pursue.

Wrongful death claims compensate surviving family members for their own losses—the income, companionship, and support they lost when their loved one died.

Survival actions compensate the deceased's estate for damages the victim suffered before death. This includes their pain and suffering, medical expenses, and lost wages from the injury until death.

Many states allow families to pursue both claims simultaneously. The survival action belongs to the estate, while wrongful death claims belong to specific family members defined by state law.

Can I file a wrongful death suit if criminal charges were filed?

Yes. Criminal cases and civil wrongful death lawsuits are separate proceedings with different standards of proof. A criminal acquittal does not prevent you from winning a civil case.

Criminal cases require proof "beyond a reasonable doubt." Civil cases only require a "preponderance of the evidence"—meaning more likely than not. This is why O.J. Simpson was acquitted criminally but found liable in the civil wrongful death suit.

You don't need to wait for criminal proceedings to conclude before filing your civil claim. However, coordinating timing with an attorney is important, as discovery in one case may affect the other.

What if my loved one was partially at fault for their death?

Partial fault doesn't necessarily bar a wrongful death claim, but it may reduce your compensation depending on state law.

States follow different rules:

• Pure comparative fault: You can recover damages reduced by the deceased's percentage of fault (California, New York, Florida)
• Modified comparative fault: Recovery is barred if the deceased was 50% or 51% or more at fault (Texas, Colorado, most states)
• Contributory negligence: Any fault by the deceased bars recovery entirely (Maryland, Virginia, North Carolina, Alabama, D.C.)

An attorney can evaluate how your state's fault rules apply to your specific circumstances and whether pursuing a claim makes sense.

How do wrongful death settlements get distributed among family members?

Settlement distribution depends on state law, whether there's a valid will, and sometimes court approval. Disputes among family members can complicate this process.

Common distribution methods include:

• Statutory formulas: Some states specify exact percentages for spouses and children
• Court discretion: Judges may divide proceeds based on each survivor's relationship and financial dependence
• Agreement among heirs: Family members can negotiate their own distribution

When minor children are beneficiaries, courts typically require the settlement to be placed in a trust or structured settlement to protect their interests until they reach adulthood.