Wrongful Death Attorneys​. Lawyer Ben Roberts.

Basis for Wrongful Death

When a loved one passes away due to the negligence or the intentional actions of another, surviving family members are often left with a devastating reality. 

While no court-ordered remedy can make a grieving loved one whole again, a wrongful death lawsuit is one way to get compensation for the losses you have suffered due to the passing of a loved one.

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What is a wrongful death claim based on? 

Wrongful death is a civil court claim that gives surviving family members the legal right to sue when a loved one is killed due to the wrongful actions of another.

In a wrongful death claim based on negligence, the cause of death usually ties back to the defendant’s failure to exercise reasonable care. Similarly, when the cause of death ties back to the defendant’s actions committed with intent to harm another, those intentional acts can also form the basis of a wrongful death claim (in these cases intentional acts may also give rise to criminal offenses like murder and assault).

How do you prove wrongful death? 

Proving wrongful death requires researching the law and gathering information and evidence. To have a successful wrongful death claim, there must be enough evidence to prove to a judge or jury that the defendant’s negligence or intentional actions were what caused the death of the deceased. 

A lot goes into deciding whether to file a wrongful death case, our wrongful death attorneys can help you determine whether filing makes sense for you and your family.  

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Who can file a wrongful death lawsuit? 

Who can file a wrongful death lawsuit varies from state to state, but in most cases only immediate family members have the right to file. 

Typical filers include:

  • Surviving spouses
  • Children
  • Parents of the deceased person

Potential damages in a wrongful death case can be significant. 

In a wrongful death case, the court may award the surviving family members legal damages as compensation for the financial and emotional losses they’ve suffered due to the wrongful passing of their loved one. 

The amount of damages available in a wrongful death lawsuit can cover a wide range of costs and expenses. While the potential damages in a wrongful death suit can be significant, there must be enough evidence to demonstrate the monetary and emotional losses you’ve suffered as a loved one of the deceased.

Generally, the types of damages that may be awarded in a wrongful death case include compensation for: 

  • Medical costs
  • Funeral and burial expenses
  • Loss of the deceased’s income (if any)
  • Loss of benefits, such as health insurance or pension contributions
  • Loss of companionship or marital care (for spouses)
  • Loss of parental guidance (for children)
  • Anguish and emotional suffering experienced by the deceased’s family members

For legal help, speak to one of our wrongful death attorneys today. 


For surviving family members, the legal process for filing a wrongful death lawsuit can be complex and hard to navigate. From researching applicable laws and preparing court documents, to representing you in court, our wrongful death attorneys are dedicated to helping families seek justice. 

If you believe filing a wrongful death suit is the right course of action for you and your family, speak to one of our wrongful death attorneys today and learn about your options.

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