Wrongful Death Lawsuits in the U.S. Legal System

When a loved one dies unexpectedly, the grief is overwhelming. When that death is caused by negligence, recklessness, or intentional misconduct, the pain is often accompanied by questions of accountability.

A wrongful death lawsuit provides families with a legal pathway to pursue justice.

Unlike criminal prosecutions, which are brought by the state, wrongful death actions are civil claims that allow surviving relatives to seek compensation and public acknowledgment of harm.

Civil vs. Criminal: Why the Distinction Matters

Although both deal with a death, a criminal homicide case and a wrongful death claim operate very differently.

Criminal prosecutions are filed by the government and carry the highest standard of proof: guilt must be established beyond a reasonable doubt.

Wrongful death lawsuits, by contrast, are filed in civil court by surviving family members.

Here, liability only has to be shown by a “preponderance of the evidence” meaning it is more likely than not that the defendant’s actions caused the death (Cornell Law School).

This difference in proof has led to famous outcomes. O.J. Simpson was acquitted of murder in criminal court in 1995 but was later found civilly liable for wrongful death and ordered to pay $33.5 million to the victims’ families.

More recently, the family of two Kansas City residents killed in a 2023 police shooting secured a $3.5 million wrongful death settlement, even though the officer involved faced no criminal charges.

The Core Elements and Who Can File

To succeed in a wrongful death claim, plaintiffs must prove four elements: duty of care, breach of duty, causation, and damages.

The right to bring a lawsuit varies by state. Spouses, children (including adult children), and parents are often eligible. In many jurisdictions, the personal representative of the estate must file the claim on behalf of all surviving beneficiaries.

The Types of Damages Families Can Recover

Damages in wrongful death cases recognize both financial and emotional loss. Economic damages include lost wages, medical expenses, and funeral costs, as well as the value of services the deceased would have provided to the household.

Non-economic damages attempt to measure the loss of love, companionship, and guidance that families suffer.

In especially egregious cases, courts may award punitive damages—not to compensate survivors, but to punish reckless or malicious conduct and deter similar acts in the future.

When Corporations and Institutions Are Held Accountable

Wrongful death lawsuits are not limited to individuals. Companies and public institutions are frequently defendants.

One of the most high-profile recent cases involved Boeing and whistleblower John Barnett.

Barnett, a longtime quality control manager, had raised alarms for years about alleged safety shortcuts in the company’s manufacturing process.

In March 2024, while in Charleston, South Carolina, to give sworn testimony in a retaliation case, he was found dead from a self-inflicted gunshot wound.

His family filed a wrongful death lawsuit, arguing that years of corporate retaliation, isolation, and stress contributed to his severe mental health decline, including depression and PTSD.

The civil claim directly tied Barnett’s death to Boeing’s treatment of him, forcing the company to reach a settlement.

While his death was officially ruled a suicide, the case highlighted how wrongful death law can hold corporations accountable for workplace conduct.

Police departments also face wrongful death suits tied to allegations of excessive force.

The Kansas City settlement shows how civil actions can hold institutions accountable even when criminal prosecutors decline to pursue charges.

Why Timing Is Critical

Perhaps the most important detail for families to understand is the statute of limitations.

Each state sets strict deadlines, often one to three years from the date of death by which a wrongful death claim must be filed.

Missing this deadline can permanently bar recovery.

For this reason, contacting an attorney as soon as possible is essential.

A wrongful death lawyer can advise on eligibility, damages, and filing deadlines, and can begin gathering evidence while memories and records remain fresh.

Taking the Next Step

No lawsuit can replace a family member. But wrongful death claims provide two forms of relief: financial stability for the survivors and accountability for those responsible.

By lowering the burden of proof compared to criminal cases, civil courts ensure that negligence and misconduct, whether by individuals, corporations, or institutions, do not go unanswered.

If you believe your loved one’s death could have been prevented, seek advice from an experienced wrongful death attorney in your state.

Legal guidance is the most important step to protecting your rights and ensuring that those responsible are held accountable.

People Also Ask (PAA)

What qualifies as wrongful death in the U.S.?
It occurs when a person dies because of another party’s negligence, recklessness, or intentional act.

How is a wrongful death lawsuit different from a criminal case?
Criminal cases punish offenders with jail or fines. Wrongful death lawsuits are civil claims that provide compensation to the family, with a lower burden of proof.

Who can file a wrongful death lawsuit?
Eligibility depends on state law but often includes spouses, children, and parents. Many states require the estate’s personal representative to file on behalf of survivors.

What damages can families recover?
Compensation may include lost income, medical and funeral costs, loss of companionship, and, in some cases, punitive damages.

How long do I have to file a claim?
The time limit varies by state, usually one to three years from the date of death. Missing the deadline can mean losing the right to sue.

Can corporations or institutions be sued for wrongful death?
Yes. Families have successfully pursued claims against companies, hospitals, and police departments when misconduct contributed to a death.