Fighting for Families Who Have Lost Loved Ones
Nothing can prepare you for the sudden loss of someone you love. When that loss is caused by another person’s negligence, recklessness, or misconduct, the grief is compounded by anger, confusion, and a sense of profound injustice. You’re left with questions that may never be fully answered and a future that will never be what you planned.
A wrongful death lawsuit cannot bring your loved one back. But it can hold the responsible parties accountable, provide financial security for your family, and ensure that the person who caused this tragedy faces consequences for their actions.
At DJC Law, our wrongful death lawyers understand that no amount of money can replace what you’ve lost. We also understand that pursuing a legal claim while grieving is one of the hardest things a family can do. We’re here to shoulder that burden—to handle the legal fight so you can focus on your family.
We handle wrongful death cases on contingency, which means you pay nothing unless we win. Contact us today for a free, compassionate consultation.
What Is Wrongful Death?
Wrongful death occurs when a person is killed due to the negligence, recklessness, or intentional misconduct of another party. It’s a civil claim—separate from any criminal charges—that allows surviving family members to seek compensation for their losses.
The basic principle is straightforward: if the deceased person would have had a valid personal injury claim had they survived, their family typically has a wrongful death claim. The death itself becomes the injury for which compensation is sought.
Wrongful death claims serve two important purposes. First, they provide financial support to family members who depended on the deceased—replacing lost income, covering funeral expenses, and compensating for the loss of care and companionship. Second, they hold wrongdoers accountable, creating consequences for negligent or reckless behavior that might otherwise go unpunished in civil court.
Why Choose DJC Law for Your Wrongful Death Case
Wrongful death cases are among the most complex and emotionally difficult areas of personal injury law. Here’s what sets us apart.
You Pay Nothing Unless We Win
We handle all wrongful death cases on contingency. You don’t pay any upfront fees, and you owe us nothing unless we successfully recover compensation for your family. We advance all costs of litigation.
Compassionate, Personal Attention
We understand you’re grieving. We treat every family with the compassion and respect they deserve, taking the time to understand your loved one’s life and the impact of their loss. You’ll work directly with your attorney, not be passed off to assistants.
Thorough Investigation
We conduct comprehensive investigations to uncover exactly what happened and who is responsible. We work with accident reconstructionists, medical experts, economists, and other specialists to build the strongest possible case.
We Fight for Full Compensation
Insurance companies often try to minimize wrongful death claims, offering settlements that don’t reflect the true value of a human life. We fight for compensation that accounts for all your family’s losses—financial and emotional.
Trial-Ready Representation
Insurance companies know which firms will take cases to trial. Our willingness to fight in court often motivates defendants to offer fair settlements rather than risk a jury verdict—and juries in wrongful death cases often return substantial awards.
Common Causes of Wrongful Death
Wrongful death can result from virtually any type of negligence or misconduct that causes fatal injuries. Common causes include:
Car accidents are a leading cause of wrongful death. Distracted driving, drunk driving, speeding, and other negligent behaviors claim tens of thousands of lives every year.
Truck accidents often result in fatalities due to the massive size and weight of commercial vehicles. Trucking companies may be liable for driver fatigue, inadequate maintenance, or pressure to violate safety regulations.
Motorcycle accidents frequently prove fatal because riders lack the protection of an enclosed vehicle. Drivers who fail to see motorcycles or violate their right of way cause countless deaths.
Pedestrian accidents occur when drivers strike people on foot—in crosswalks, on sidewalks, or in parking lots. These accidents are often fatal.
Bicycle accidents can be deadly when cyclists are struck by motor vehicles. Despite having every right to the road, cyclists are vulnerable to negligent drivers.
Medical malpractice kills hundreds of thousands of Americans each year according to some studies. Surgical errors, misdiagnosis, medication mistakes, and failure to treat can all prove fatal.
Workplace accidents claim thousands of lives annually, particularly in construction, manufacturing, oil and gas, and other dangerous industries. Employers and third parties may be liable for unsafe conditions.
Construction accidents including falls, electrocutions, struck-by incidents, and caught-between accidents are leading causes of workplace death.
Defective products including dangerous drugs, faulty vehicles, unsafe consumer products, and defective equipment can cause fatal injuries. Manufacturers may be strictly liable for deaths caused by their products.
Premises liability deaths occur when dangerous property conditions prove fatal—swimming pool drownings, falls from heights, inadequate security leading to assault, and similar incidents.
Nursing home abuse and neglect leads to preventable deaths among elderly residents. Bedsores, falls, medication errors, malnutrition, and dehydration can all be fatal.
Dog attacks cause dozens of deaths each year, often involving children or elderly victims.
Drunk driving deaths deserve special mention because they often support punitive damages. When someone chooses to drive intoxicated, the resulting death may warrant additional punishment.
Criminal acts may give rise to wrongful death claims against third parties—such as property owners who failed to provide adequate security in high-crime areas.
Whatever caused your loved one’s death, if negligence or misconduct was involved, your family may have a wrongful death claim.
Who Can File a Wrongful Death Claim?
Laws governing who can file wrongful death claims vary significantly by state. Generally, the following people may have the right to bring a claim:
Spouses are typically first in line to bring wrongful death claims. The surviving husband or wife can seek compensation for loss of companionship, loss of financial support, and other damages.
Children of the deceased can usually bring claims, including adult children in many states. Minor children may have claims brought on their behalf by a guardian or the estate.
Parents can typically bring claims for the death of a child. Some states also allow parents to bring claims for the death of adult children, particularly if no spouse or children survive.
Domestic partners or life partners may have standing in some states, even without formal marriage.
Siblings and other relatives may have claims in some states, particularly if closer relatives don’t exist or don’t bring claims.
Financial dependents who relied on the deceased for support may have claims in some jurisdictions, even without a family relationship.
The estate may bring claims on behalf of all beneficiaries in some states, with any recovery distributed according to state law.
Understanding who has standing to bring a claim—and how damages are distributed among claimants—requires knowledge of your specific state’s laws. We can help you understand your rights.
Wrongful Death vs. Survival Actions
It’s important to understand the difference between wrongful death claims and survival actions, as both may apply to your situation:
Wrongful death claims compensate surviving family members for their losses—the loss of financial support, loss of companionship, funeral expenses, and similar damages suffered by the living.
Survival actions compensate the deceased’s estate for damages the deceased person suffered before death—their pain and suffering, medical expenses, lost wages from the time of injury until death, and similar damages.
In many cases, families can bring both types of claims. For example, if someone is seriously injured in a car accident and survives for several weeks before dying, a survival action can recover for their pain and suffering during those weeks, while a wrongful death claim compensates the family for their ongoing losses.
The rules governing these claims—including who can bring them and what damages are available—vary by state. We help families understand and pursue all available claims.
Compensation in Wrongful Death Cases
Wrongful death damages are meant to compensate surviving family members for all the ways the death has affected them. While laws vary by state, compensation typically includes:
Economic Damages
- Loss of financial support: The income and benefits the deceased would have provided to the family over their expected lifetime
- Loss of benefits: Health insurance, retirement contributions, and other employment benefits the family lost
- Loss of services: The value of household services, childcare, home maintenance, and other contributions the deceased provided
- Loss of inheritance: The savings and assets the deceased would have accumulated and passed on
- Funeral and burial expenses: Costs of funeral services, burial or cremation, and related expenses
- Medical expenses: Emergency care and treatment the deceased received before death
Non-Economic Damages
- Loss of companionship: The loss of the deceased’s love, affection, and emotional support
- Loss of consortium: For spouses, the loss of the marital relationship including intimacy
- Loss of parental guidance: For children, the loss of a parent’s guidance, nurturing, and upbringing
- Loss of care and comfort: The emotional care and comfort the deceased provided
- Mental anguish: The grief, sorrow, and emotional suffering of surviving family members
Survival Action Damages
If your state allows survival actions, additional compensation may include:
- Pain and suffering: The physical pain the deceased experienced before death
- Mental anguish: The fear and emotional suffering the deceased experienced
- Medical expenses: All treatment costs from injury until death
- Lost wages: Income the deceased lost between injury and death
Punitive Damages
In cases involving particularly egregious conduct—such as drunk driving, intentional acts, or gross negligence—punitive damages may be available to punish the wrongdoer and deter similar conduct. These damages can significantly increase the value of a case.
Proving a Wrongful Death Claim
To succeed in a wrongful death claim, you generally must prove:
The death occurred. This is typically straightforward, established through death certificates and medical records.
The death was caused by the defendant’s negligence or misconduct. You must show that the defendant owed a duty of care, breached that duty, and that the breach caused the death. For example, a driver owed a duty to operate their vehicle safely, breached that duty by running a red light, and caused your loved one’s death in the resulting collision.
Surviving family members suffered damages. You must show that the death caused actual harm to survivors—financial losses, loss of companionship, or other compensable damages.
You have standing to bring the claim. You must be among those authorized by state law to bring a wrongful death claim.
Building a strong wrongful death case requires thorough investigation, expert analysis, and detailed documentation of damages. We work with accident reconstructionists, medical experts, economists, and other specialists to establish exactly what happened and prove the full value of your losses.
Who Can Be Held Liable?
Depending on the circumstances, multiple parties may be liable for a wrongful death:
Individuals whose negligence caused the death—negligent drivers, healthcare providers who committed malpractice, property owners who maintained unsafe conditions.
Employers may be liable for deaths caused by their employees acting within the scope of employment, or for their own negligence in hiring, training, or supervision.
Companies may be liable for deaths caused by their products, their premises, or their operations.
Trucking companies may be liable for deaths caused by their drivers, particularly when the company violated safety regulations or pressured drivers to cut corners.
Product manufacturers may be strictly liable for deaths caused by defective products.
Property owners may be liable for deaths caused by dangerous conditions on their property.
Healthcare facilities may be liable for deaths caused by medical malpractice or inadequate care.
Government entities may be liable for deaths caused by dangerous road conditions, defective traffic signals, or the negligence of government employees—though special rules apply to claims against governments.
Bars and restaurants may be liable under dram shop laws for deaths caused by patrons they served alcohol to when visibly intoxicated.
Identifying all potentially liable parties is crucial because it increases available insurance coverage and improves the chances of full compensation.
Wrongful Death and Criminal Cases
If your loved one’s death resulted from conduct that may be criminal—such as drunk driving, assault, or reckless endangerment—there may be both criminal prosecution and a civil wrongful death claim. These are separate proceedings:
Criminal cases are brought by the government to punish the wrongdoer. The family has no control over whether charges are filed or how the case is handled. A criminal conviction can result in jail time, fines, and probation, but doesn’t directly compensate the family.
Civil wrongful death claims are brought by the family to seek compensation. You control this process, and any recovery goes to the family.
The standards of proof are different. Criminal cases require proof “beyond a reasonable doubt,” while civil cases require only a “preponderance of the evidence” (more likely than not). This means it’s possible to win a civil case even if the defendant wasn’t convicted criminally, or even if no charges were filed.
A criminal conviction can help your civil case by establishing the defendant’s wrongful conduct. But your civil claim doesn’t depend on criminal charges being filed or successful.
Calculating Damages
Determining the full value of a wrongful death claim requires careful analysis of many factors:
The deceased’s earning capacity. We work with economists to calculate the income your loved one would have earned over their working life, accounting for expected raises, promotions, and career growth.
The deceased’s age and health. Life expectancy and work-life expectancy affect the calculation of future lost income and services.
The deceased’s relationship with survivors. The nature and quality of relationships affect non-economic damages like loss of companionship and consortium.
The survivors’ circumstances. A spouse who depended entirely on the deceased’s income has different damages than one who was financially independent. Minor children have different claims than adult children.
The deceased’s contributions to the household. Beyond income, we calculate the value of household services, childcare, home maintenance, and other contributions.
The circumstances of the death. Deaths involving particular suffering, or caused by egregious misconduct, may warrant higher damages.
We work with economists, vocational experts, and other specialists to document and calculate all components of your family’s losses.
Dealing with Insurance Companies
Insurance companies handle wrongful death claims just like any other claim—their goal is to pay as little as possible. Common tactics include:
- Minimizing the deceased’s earning potential to reduce lost income calculations
- Downplaying family relationships to reduce non-economic damages
- Blaming the deceased for contributing to their own death
- Rushing settlements while families are grieving and before the full impact is understood
- Delaying claims hoping families will accept less out of financial pressure
- Disputing liability or claiming other parties were responsible
- Taking advantage of grieving families who may not be thinking clearly about legal rights
Don’t speak with insurance adjusters or accept any settlement offers without consulting an attorney. We handle all communications and protect your family from these tactics during an incredibly difficult time.
Statute of Limitations
Every state has a deadline for filing wrongful death lawsuits. These deadlines are often shorter than for other personal injury claims—typically one to three years from the date of death, though this varies significantly by state.
Some states run the clock from the date of death. Others run it from the date the death was discovered to be caused by wrongful conduct, which can matter in medical malpractice cases where the connection isn’t immediately apparent.
Survival actions may have different deadlines than wrongful death claims, potentially expiring sooner.
Claims against government entities typically have much shorter notice requirements—sometimes as little as 30 to 180 days from the date of death. Missing these deadlines can bar your claim entirely.
Claims involving minors may have extended deadlines in some states.
Missing the deadline means losing your right to compensation forever. Contact an attorney as soon as possible, even if you’re not sure you want to pursue a claim. We can explain your deadlines and preserve your options.
How Our Wrongful Death Lawyers Help
Pursuing a wrongful death claim while grieving is extraordinarily difficult. We take on the legal burden so you can focus on your family. Here’s how we help:
We investigate thoroughly, working with experts to determine exactly what happened and who is responsible. We gather evidence, interview witnesses, obtain records, and build a comprehensive picture of the events leading to death.
We identify all liable parties, ensuring everyone who contributed to the death is held accountable and that maximum insurance coverage is available.
We document all damages, working with economists and other experts to calculate the full value of your family’s losses—financial and emotional.
We handle all communications with insurance companies, defendants, and their attorneys, protecting your family from having to deal with these parties during your grief.
We fight for full compensation, negotiating aggressively and preparing every case for trial if necessary. Insurance companies know we’re willing to fight, which often motivates better settlements.
We treat your family with compassion, understanding that this is about more than money—it’s about justice, accountability, and honoring your loved one’s memory.
Frequently Asked Questions
How much does it cost to hire a wrongful death lawyer?
Nothing upfront. We work on contingency, meaning we only get paid if we recover compensation for your family. We also advance all costs of investigation and litigation, so your family has no out-of-pocket expenses.
How long do I have to file a wrongful death claim?
Deadlines vary by state, typically ranging from one to three years. Claims against government entities have much shorter notice requirements. Contact an attorney as soon as possible to understand your specific deadlines.
Can I file a wrongful death claim if there’s a criminal case pending?
Yes. Criminal and civil cases are separate proceedings. You can pursue a wrongful death claim regardless of whether criminal charges are filed, and regardless of the outcome of any criminal case.
Who receives the compensation from a wrongful death settlement?
This depends on state law and who has standing to bring the claim. Typically, compensation goes to the surviving spouse, children, and/or parents, distributed according to state law or court order. We can explain how this works in your situation.
What if my loved one was partially at fault for the accident?
In most states, you can still recover compensation, though it may be reduced by your loved one’s percentage of fault. Don’t accept an insurance company’s assessment of fault without consulting an attorney.
How long does a wrongful death case take?
It varies significantly depending on the complexity of the case, the number of parties involved, and whether litigation is required. Some cases settle in months; others take years. We work to resolve your case as efficiently as possible while ensuring your family receives full compensation.
Can I file a claim if my loved one didn’t have a will?
Yes. Wrongful death claims are separate from estate matters. The existence of a will doesn’t affect your right to bring a wrongful death claim.
What if the person responsible has no money or insurance?
We investigate all potential sources of recovery, including other liable parties, umbrella policies, and underinsured motorist coverage. There are often additional sources of compensation that aren’t immediately obvious.
Can I file a wrongful death claim for an unborn child?
This depends on state law. Some states allow wrongful death claims for the death of a viable fetus, while others don’t. We can explain how your state’s laws apply to your situation.
How much is a wrongful death case worth?
Every case is unique. Value depends on factors including the deceased’s age, earning capacity, health, relationship with survivors, and the circumstances of death. We work with experts to calculate the full value of your family’s losses.
Contact Our Wrongful Death Attorneys Today
Losing a loved one is devastating. Pursuing justice shouldn’t add to your burden. At DJC Law, we handle the legal fight so you can focus on your family and your grief.
We’ve helped countless families hold wrongdoers accountable and secure the compensation they need to move forward. We treat every family with the compassion and respect they deserve, and we fight tirelessly for justice.
Contact us today for a free, confidential consultation. We’ll listen to your story, explain your options, and help you decide the best path forward. There’s no obligation, and you’ll pay nothing unless we win.
