How to sue someone for wrongful death starts with bringing a civil claim when a person dies because of another party’s careless, reckless, or intentional conduct. A wrongful death case is separate from any criminal case and focuses on financial recovery for surviving family members or the estate.
A lawsuit for wrongful death often follows a fatal car crash, truck collision, unsafe property condition, workplace event, medical negligence, or another act that caused a preventable death.
To learn more, schedule a free case evaluation with a Kansas City wrongful death lawyer from Kevin McManus Law today.
Who Can Sue for Wrongful Death?
Who can sue for wrongful death depends on state law, but it is usually limited to close family members or the personal representative of the estate. In many states, a spouse, child, parent, or court-appointed representative may have the right to bring the claim. You cannot assume that every relative may file.
Some states allow one person to file on behalf of all eligible beneficiaries, while others define a specific order of priority. That means the right to sue may depend on whether there is a surviving spouse, child, or parent. If there is a dispute about who may file, the court may need to resolve that issue before the case moves forward.
Common parties who may have the right to file include:
- A surviving spouse may be allowed to bring the claim
- A surviving child may have the right to recover damages in some cases
- A surviving parent may be able to file if the person who died had no spouse or children
- A personal representative of the estate may bring the action on behalf of eligible beneficiaries
- Other family members may have rights only if a state statute expressly allows it
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What Do You Have to Prove in a Wrongful Death Lawsuit?
To sue someone for wrongful death, you generally must prove that the defendant’s conduct caused the death and created legally recognized losses. In many cases, this means showing negligence, though some claims involve intentional acts or defective products. The claim must connect the wrongful act to the death with evidence, not suspicion.
A wrongful death lawsuit often relies on the same basic elements found in other injury claims. You may need to show that the defendant owed a duty, breached that duty, caused the fatal injury, and left surviving family members or the estate with damages. Medical records, accident reports, witness statements, and opinions from qualified professionals may all play a role.
The level of proof in a civil case is different from a criminal case. You do not need a criminal conviction to bring a wrongful death claim. A civil court looks at whether the evidence shows liability under the legal standard that applies to civil lawsuits. The team at Kevin McManus Law can help you meet this standard.
How Do You Start a Wrongful Death Claim?
You start a wrongful death claim by identifying the proper plaintiff, investigating the death, and preparing the legal filing before the deadline runs out. That often begins with obtaining official records, preserving evidence, and reviewing who may be legally responsible. Early action can help protect documents and witness accounts that may become harder to obtain later.
Before filing a lawsuit, many families also review insurance coverage and potential sources of recovery. A claim may involve an individual, a business, a property owner, an employer, a product maker, or more than one party. When several parties may share fault, the case may require a broader review of the facts.
A basic wrongful death case often includes these early steps:
- You gather death records, medical records, and incident reports.
- You identify the people or companies that may be legally responsible.
- You review who has the legal right to bring the claim.
- You document financial losses and the family impact of the death.
- You file the lawsuit in the proper court before the legal deadline expires.
Can You Sue if There is Also a Criminal Case?
Yes, you can sue for wrongful death even if there is also a criminal case based on the same event. A criminal prosecution is brought by the government and may lead to jail, probation, or other penalties. A wrongful death lawsuit is a civil action brought by eligible family members or the estate for monetary damages.
The two cases serve different purposes and use different legal standards. A defendant may be found not guilty in criminal court and still be held liable in civil court. That is because civil liability does not require the same level of proof as a criminal conviction.
The civil case may move forward before, during, or after the criminal matter, depending on the court schedule and the facts involved. In some situations, evidence developed in the criminal case may also affect the wrongful death claim. Even so, the civil case stands on its own and must be proved under civil law. Kevin McManus Law can help with your civil lawsuit.
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Talk to Kevin McManus Law About Suing for Wrongful Death Today
A wrongful death claim can involve questions about who may file, what proof is needed, when the deadline expires, and what damages may be available. If you want to know how to sue someone for wrongful death, the answer will depend on the facts of the death, the governing state law, and the evidence that can be gathered.
Taking action early may help preserve records and place your family in a better position to evaluate a possible claim. Kevin McManus Law can help you learn more about filing a wrongful death lawsuit and what steps may apply in your situation. If you have questions about a lawsuit for wrongful death, contact us today to discuss your options through a free case review.
