Trial Attorney Blog
Losing someone we love is very hard, especially if their death could have been prevented.
A wrongful death happens when someone dies because another person or a company was careless or did something wrong.
In these sad cases, the family of the person who died can go to a lawyer for help.
Let’s learn more about what wrongful death means, the common types of cases, and how lawyers help families during these tough times.
What Is a Wrongful Death?
A wrongful death means someone died because of another person’s bad actions or careless behavior.
This could be in a car accident, a mistake at a hospital, or even because a company sold a dangerous product.
Families who lose someone in this way can ask for justice. They can file a case to get money to help with funeral costs, lost income, and their pain.
Common Types of Wrongful Death Cases
Let’s look at some of the most common reasons why people file wrongful death cases.
Car Accidents
Car accidents are one of the top reasons for wrongful death cases. If a person drives too fast, texts while driving, drinks alcohol, or breaks traffic rules, they may cause a crash that kills someone.
Example:
If a driver runs a red light and hits another car, killing the person inside, the family can file a wrongful death claim.
Medical Malpractice
Doctors and nurses are supposed to help us get better. But sometimes they make serious mistakes, like:
- Giving the wrong medicine
- Performing the wrong surgery
- Failing to diagnose a disease
If a patient dies because of a doctor’s mistake, it can lead to a wrongful death case.
Example:
If a doctor fails to detect cancer that could have been treated early, and the patient dies, their family can take legal action.
Workplace Accidents
People can get seriously hurt or die at work, especially in dangerous jobs like construction, factories, or shipyards. Sometimes, employers don’t follow safety rules, and that leads to a death.
Example:
If a worker falls from a high place because the company didn’t provide safety gear, the family may file a wrongful death case.
Defective Products
Companies must make sure their products are safe to use. But sometimes, they sell things that can hurt or kill people, like:
- Cars with faulty brakes
- Toys with small parts that kids can choke on
- Medicines with harmful side effects
These are called product liability cases.
Example:
If a baby toy breaks and a small piece causes choking, and the baby dies, the family can sue the company that made the toy.
Slip and Fall Accidents
Property owners must keep their places safe. If someone dies because they slipped on a wet floor or fell down stairs that weren’t fixed, the owner could be responsible.
Example:
If a store does not clean up a wet floor and someone falls and later dies from a head injury, the family may file a wrongful death case.
Criminal Acts
If someone is killed during a robbery, assault, or other crime, it’s not just a crime—it can also lead to a wrongful death lawsuit. Even if the person who did it goes to jail, the family can still file a case in civil court.
Example:
If a person is attacked and killed during a break-in, the family can ask the court for justice, even if the criminal is caught and punished.
Who Can File a Wrongful Death Case?
Not just anyone can file a wrongful death claim—only certain individuals who had a close relationship with the deceased are legally allowed to do so. These typically include:
- Spouse (husband or wife): The surviving husband or wife is usually the first person eligible to file, as they have lost their life partner and may be financially and emotionally affected.
- Children: Biological or legally adopted children of the deceased can file a claim, especially if they depended on the parent for financial support, guidance, and care.
- Parents: If the deceased was a minor or had no spouse or children, the parents may be eligible to file the case, particularly if they were dependent on or closely connected to the deceased.
- Close relatives or named beneficiaries: In some situations, extended family members or individuals named in the deceased’s will (such as a legal guardian or domestic partner) may also have the right to file, especially if they can prove financial or emotional dependence.
These individuals seek help from the court to recover damages for the loss of their loved one, including loss of companionship, emotional pain, and financial support.
How Lawyers Help in Wrongful Death Cases
When something so tragic happens, it can be hard to think clearly. That’s where lawyers come in.
A wrongful death lawyer helps families get the justice and support they need.
Listening to the Family
The first thing a lawyer does is listen carefully. They ask questions to understand what happened. They treat the family with care, respect, and kindness.
Gathering Proof
Lawyers collect evidence to prove that someone else caused the death. They may:
- Talk to witnesses
- Look at photos or videos
- Review police reports
- Work with experts
The goal is to show that the death could have been prevented if the other person had been careful.
Filing the Case
Once the lawyer has enough proof, they file a legal claim in court. This starts the process of asking for money, called compensation, for the family’s losses.
Negotiating with Insurance Companies
Many wrongful death cases involve insurance companies. For example, in a car accident, the driver’s insurance may have to pay the family. Lawyers talk to the insurance companies to get a fair settlement.
If the company offers too little, the lawyer can fight for more.
Going to Court
Sometimes, the case goes to trial. The lawyer presents the case to a judge and jury.
They explain what happened, show the evidence, and ask for a fair amount of money for the family.
What Can Families Get from a Wrongful Death Case?
No amount of money can bring a loved one back. But wrongful death compensation can help families in many ways:
- Funeral and burial costs
- Medical bills before the person died
- Loss of income (if the person who died was earning money for the family)
- Pain and suffering
- Loss of companionship (the love, support, and care the person gave)
This money helps the family stay stable after such a big loss.
How Long Do Families Have to File a Case?
There is a time limit to file a wrongful death case. This is called the statute of limitations. In most places, families have 1 to 3 years from the date of death to file the claim. After that, it might be too late.
Lawyers help families file on time so they don’t miss their chance for justice.
Why It’s Important to Hire a Good Lawyer
Wrongful death cases are not easy. There are many rules, and the other side will try to avoid blame. A good lawyer:
- Understands the law
- Knows how to gather evidence
- Cares about the family
- Fights for what is fair
Families should look for a lawyer who has experience with wrongful death cases and who treats them with respect and honesty.
Since the 1960s, Finch McCranie LLP has been known for aggressive advocacy and powerful results.
Founded by Baxter Finch and Claude Ross, our firm quickly became a top choice for plaintiffs seeking justice across Georgia. Experience the difference — Contact us today.
Final Thoughts
Wrongful death cases are about more than just money. They are about finding the truth, getting justice, and making sure the same mistake doesn’t hurt someone else.
Whether it’s a vehicle crash, a hospital mistake, or a dangerous product, families have the right to speak up. With the help of a caring lawyer, they can find hope, healing, and a way forward.
FAQ’s
This can’t be real… My loved one is gone because someone else messed up. Can I do something about it?
Yes, you can. When someone dies because of another person’s carelessness or bad decision, the law allows their family to take action. It’s called a wrongful death claim, and it’s your way to seek justice and hold the responsible person accountable.
I don’t even know where to begin. Everything’s a blur. How do I even start a case like this?
That’s completely normal. You don’t have to figure it all out on your own. A wrongful death lawyer will guide you step-by-step—starting with just a conversation. They’ll listen, explain your options in simple terms, and take care of the legal side so you can focus on healing.
But what if the person who caused this is already in jail… Does that mean the case is over?
Not at all. Criminal punishment and civil compensation are two separate things. Even if someone is in jail for the death, you can still file a wrongful death lawsuit in civil court to get financial help for your loss.
We don’t have much money… How can we afford a lawyer for something like this?
Most wrongful death lawyers work on a contingency basis, which means you don’t pay anything upfront. They only get paid if they win money for you. So you can get justice without worrying about legal bills.
It’s been a while… Have I waited too long to do something?
There is a time limit, called the statute of limitations, which is usually between 1 to 3 years depending on your state. But every case is different, so it’s worth checking with a lawyer. Even if time has passed, there may still be a way forward.