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  • Writer's pictureLeeson & Leeson

What to Know About an Accidental Death Case

Accidental death cases are deeply traumatic and complex legal matters that arise when someone dies due to an unexpected, unintentional incident. These cases often involve intricate legal processes, emotional turmoil for the surviving family members, and a quest for justice and compensation. Understanding the key aspects of an accidental death case can help you navigate this difficult time and ensure that your rights are protected. Here’s what you need to know.

Understanding Accidental Death

Accidental death refers to a fatality caused by an unexpected event that was not intended. These can include:

  • Car Accidents: Collisions involving vehicles, pedestrians, or cyclists.

  • Workplace Accidents: Fatal injuries occurring in the course of employment, such as construction site accidents.

  • Medical Malpractice: Deaths resulting from negligence or errors by healthcare providers.

  • Product Liability: Fatalities caused by defective or dangerous products.

  • Slip and Falls: Fatal accidents due to hazardous conditions on someone else’s property.

Legal Basis for an Accidental Death Case

An accidental death case is typically pursued under wrongful death laws. To establish a wrongful death claim, certain elements must be proven:

  • Negligence: The death was caused by the negligence, recklessness, or intentional misconduct of another party.

  • Causation: There must be a direct link between the negligent act and the death.

  • Damages: The death must have caused quantifiable damages, such as financial losses and emotional suffering.

Who Can File an Accidental Death Claim?

The right to file a wrongful death claim generally lies with the deceased person’s immediate family members or legal representatives. This typically includes:

  • Spouses and Domestic Partners: The surviving spouse or registered domestic partner of the deceased.

  • Children: Biological, adopted, and sometimes stepchildren.

  • Parents: If there are no spouses or children, parents may be eligible.

  • Siblings and Other Relatives: In some cases, more distant relatives can file a claim if they were financially dependent on the deceased.

Types of Compensation

Compensation in accidental death cases aims to cover various types of losses, both economic and non-economic. These may include:

  • Economic Damages:

  • Medical Expenses: Costs incurred for medical treatment prior to death.

  • Funeral and Burial Costs: Expenses related to the deceased’s funeral and burial.

  • Loss of Income: The income the deceased would have earned if they had lived.

  • Loss of Benefits: Loss of health insurance, pension plans, and other benefits.

  • Non-Economic Damages:

  • Pain and Suffering: Emotional distress suffered by the surviving family members.

  • Loss of Consortium: Loss of companionship, care, and affection.

  • Punitive Damages: In cases of gross negligence or intentional harm, additional damages intended to punish the responsible party.

Steps in an Accidental Death Case

Navigating an accidental death case involves several crucial steps:

Consult an Attorney:

  • Seek legal advice from an experienced wrongful death attorney who can guide you through the legal process and protect your interests.


  • Your attorney will conduct a thorough investigation to gather evidence, including medical records, accident reports, witness statements, and expert opinions.

Filing a Claim:

  • A wrongful death lawsuit is filed in the appropriate court, detailing the allegations and damages sought.


  • Both sides exchange information and evidence relevant to the case through depositions, interrogatories, and document requests.

Settlement Negotiations:

  • Many accidental death cases are resolved through settlements before reaching trial. Your attorney will negotiate with the defendant’s legal team to seek fair compensation.


  • If a settlement is not reached, the case goes to trial, where both sides present their arguments, and a judge or jury renders a verdict.

Statute of Limitations

Each state has a statute of limitations that sets a deadline for filing a wrongful death claim. This period typically ranges from one to three years from the date of death. Failing to file within this timeframe can result in losing your right to pursue compensation.

Emotional and Practical Support

Dealing with an accidental death case is emotionally taxing. It’s essential to seek support from friends, family, and professionals:

  • Counseling: Grief counseling can help you cope with the emotional aftermath.

  • Support Groups: Joining support groups for those who have lost loved ones can provide comfort and understanding.

  • Practical Assistance: Friends and family can help with daily tasks, allowing you to focus on the legal process and emotional healing.

Accidental death cases are complex and emotionally challenging, but understanding the legal framework and seeking experienced legal counsel can help you pursue justice and compensation. By taking the right steps, gathering evidence, and working with a skilled attorney, you can navigate this difficult process and secure the support you need during this trying time. Remember, while no amount of compensation can replace a loved one, holding the responsible parties accountable can provide a sense of closure and financial relief.



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