November 13, 2025
Losing someone you love is very hard. When someone else caused their death, it hurts even more. You may want to know how to file a wrongful death lawsuit. This guide will show you how to file a wrongful death lawsuit step by step. We will make it easy to understand.
What Is a Wrongful Death Case?
A wrongful death case helps families get money when someone dies because of another person’s mistake. You can file this type of case when someone else caused the death. The law lets families ask for money to help with bills and other costs.
Why File a Wrongful Death Case?
Filing this case can help your family in many ways. You can get money for medical bills. You can also get money for funeral costs. Most importantly, you can get money to replace lost income.
Who Can File a Wrongful Death Lawsuit?
Not everyone can file this type of case. The law says only certain people can do it. Here are the people who can file:
- Husband or wife of the person who died
- Children of the person who died
- Parents of the person who died
- Person in charge of the estate
State Rules Matter
Each state has different rules about who can file. Some states let more family members file. Others are more strict. You should check your state’s rules before you start.
Step 1 – Check If You Can File
The first step in how to file a wrongful death lawsuit is checking if you can file. You need to be the right person under your state’s law. You also need to file within the time limit.
Time Limits Are Important
Most states give you 1 to 3 years to file. If you wait too long, you lose your right to file. This is why you should start learning how to file a wrongful death lawsuit as soon as possible.
Step 2 – Gather Your Papers
The second step in how to file a wrongful death lawsuit is getting all your papers ready. You will need many different documents. Having them ready makes the process faster.
Death Papers You Need
You will need the death certificate. You should get several copies. You may also need the autopsy report if there was one. Medical records from before the death are also important.
Money Papers You Need
You need proof of how much money the person made. Get their pay stubs and tax returns. Also get their bank statements. These papers show how much money your family lost.
Step 3 – Find a Good Lawyer
The third step in how to file a wrongful death lawsuit is finding a lawyer. A good lawyer knows how to handle these cases. They can help you avoid mistakes that could hurt your case.
What to Look For in a Lawyer
Look for a lawyer who handles wrongful death cases often. They should win cases like yours regularly. Ask about their success rate. Also ask if they charge upfront fees.
How Lawyers Get Paid
Most wrongful death lawyers work for free unless you win. This is called a contingency fee. You only pay if they get you money. This makes it easier to hire a good lawyer.
Step 4 – Prove Someone Was at Fault
The fourth step in how to file a wrongful death lawsuit is proving fault. You must show that someone else caused the death. This is often the hardest part of the case.
Types of Evidence You Need
You need evidence that shows what happened. Police reports are very helpful. Witness statements are also important. Photos and videos can prove your case too.
Expert Help
Sometimes you need expert help to prove your case. Doctors can explain medical issues. Accident experts can show what went wrong. Your lawyer will know which experts to use.
Step 5 – File the Court Papers
The fifth step in how to file a wrongful death lawsuit is filing with the court. Your lawyer will write up your case. They will explain what happened and ask for money.
What Goes in the Filing
The court papers must include several things. They must name the person who caused the death. They must explain how the death happened. They must also say how much money you want.
After You File
After you file, the other side gets copies of your papers. They have time to respond. Then both sides start looking for more evidence. This is called discovery.
How to File a Wrongful Death Lawsuit: Money You Can Get
When you file a wrongful death lawsuit, you can ask for different types of money. The law calls this damages. There are two main types you should know about.
Bills and Lost Money
You can get money for medical bills from before the death. You can also get money for funeral costs. Most importantly, you can get money for lost wages and future income.
Pain and Suffering Money
You can also get money for emotional pain. This includes the sadness of losing your loved one. It also includes the loss of their love and support.
How to File a Wrongful Death Lawsuit: Common Problems
Learning how to file a wrongful death lawsuit means knowing about common problems. Being ready for these problems helps your case go better.
Proving the Case
The biggest problem is proving someone else caused the death. You need strong evidence. Sometimes the evidence is not clear. This makes the case harder to win.
Dealing with Insurance Companies
Insurance companies often fight these cases. They try to pay as little as possible. They may blame your loved one for the accident. A good lawyer knows how to handle this.
Time Pressure
You have a limited time to file your case. Gathering evidence takes time. This is why you should start the process quickly when learning how to file a wrongful death lawsuit.
How to File a Wrongful Death Lawsuit: Timeline
Understanding how long it takes is part of knowing how to file a wrongful death lawsuit. Most cases take 1 to 3 years. Some take longer if they go to trial.
First Few Months
The first 3 months are for gathering evidence and hiring a lawyer. Your lawyer will investigate what happened. They will also talk to witnesses.
Middle Months
Months 3 to 18 are usually for court discovery. Both sides ask for documents. They may take depositions from witnesses. This helps both sides understand the case better.
End of Case
Most cases end with a settlement. This means both sides agree on an amount of money. If they can’t agree, the case goes to trial. Trials can add 6 months or more to the process.
How to File a Wrongful Death Lawsuit: Choosing Your Lawyer
Picking the right lawyer is a key part of how to file a wrongful death lawsuit. The lawyer you choose can make or break your case. Here are things to look for.
Experience Matters
Choose a lawyer who handles wrongful death cases regularly. Ask how many cases like yours they have won. Also ask about the amounts they have gotten for families.
Good Communication
Your lawyer should explain things clearly. They should return your calls quickly. You should feel comfortable asking them questions about how to file a wrongful death lawsuit.
No Upfront Costs
Most good wrongful death lawyers work on contingency. This means no upfront costs for you. They only get paid if you win your case.
How to File a Wrongful Death Lawsuit: Questions People Ask
How long do I have to file?
Most states give you 1 to 3 years. The time starts from the date of death. Some special situations can change this time limit. Check with a lawyer right away to be safe.
What if the person who died was partly at fault?
Many states still let you file even if your loved one was partly at fault. However, it might reduce the money you can get. The exact rules depend on your state.
Do I need a lawyer?
While not required by law, you should have a lawyer for wrongful death cases. These cases are complex. Insurance companies have lawyers. You should have one too.
How much money can I get?
The amount depends on many things. It depends on how much money the person made. It also depends on their age and health. Your lawyer can estimate what your case might be worth.
What if I can’t afford a lawyer?
Most wrongful death lawyers work on contingency fees. This means you pay nothing unless you win. The lawyer gets a percentage of any money you receive.
How to File a Wrongful Death Lawsuit: Getting Help
If you need to know how to file a wrongful death lawsuit, we can help. Our lawyers have helped many families like yours. We know how hard this time is for you.
Get Case Review
We offer a review of your case. We will look at what happened. We will tell you if you have a good case. We will also explain how to file a wrongful death lawsuit in your situation.
We Fight for You
Insurance companies have teams of lawyers. We level the playing field. We fight to get you the money your family deserves. We know how to file a wrongful death lawsuit that wins.
Call us today for your consultation. We will explain how to file a wrongful death lawsuit in your specific case. Let us help you get justice for your loved one.
Call 904-999-4657 now or fill out our online form. We are here to help you through this difficult time.
Michael J. McCabe, is a partner and owner of Martino & McCabe and practices in the areas of personally injury, auto accidents, and premises liability. He is a licensed Professional Engineer and received his Bachelor of Science in Civil Engineering from Florida State University. He earned his Juris Doctor degree from Florida Coastal School of Law in 2005 while continuing to work as a Professional Engineer.