What Qualifies As Wrongful Death?

In short, misconduct or negligence of another is wrongful death. Family members or survivors might sue for this reason in search of compensation for lost companionship, lost wages, funeral expenses, and other losses. However, there are certain limitations to what qualifies as a wrongful death lawsuit, so let’s walk through that. 

Common Causes of Wrongful Death

Some situations are categorized as common causes of wrongful death. For example, motor vehicle accidents are a common cause of wrongful death, as are defective products. A handful of other common causes include slip-an-fall accidents, intentional assaults and killings, and medical malpractice. 

Elements of this Lawsuit Category

Some of the elements that qualify as wrongful death categorize as such. Wrongful death suits rely on negligence or, in some cases, intentional acts. To prove negligence, you have to show that the liable party had a duty to take reasonable care to avoid injuring or killing your family member. One example of this would be driving while impaired. Another example is failing to maintain a business or workplace properly. With enough evidence that proves negligence or intentional act, you can claim financial compensation for certain economic and non-economic losses.

Besides negligence or intentional act, another element that must be present is monetary injuries endured by surviving members related to the death. There must also be the appointment of a personal representative for the decedent’s estate.

Statute of Limitations

You must file a claim for a wrongful death suit within the time constraints of the statute of limitations regarding this kind of claim. Therefore, you must follow the statute of limitations for the state where the person passed away. However, suppose an investigation does not determine a cause for the action until you are outside the statute of limitations. In that case, you might still be eligible to file a claim for wrongful death.


Death in the family or a loved one is brutal to cope with, especially if you believe their death was wrongful. You deserve to be compensated for this loss properly, so if you think one of your loved ones who recently passed away might have endured a wrongful death, contact Reynolds & Reynolds in Dallas and Frisco, Texas, today. We can help you navigate a wrongful death lawsuit and get justice for your loved one during this challenging time. Don’t forget to follow us on Facebook for more information.