Losing a loved one is one of life’s most devastating experiences. When that loss occurs due to someone else’s negligence or wrongful actions, the pain can be compounded by confusion about your legal options. If you’re considering a wrongful death claim, please know that while no legal action can truly compensate for your loss, it may provide financial stability and a sense of justice during this difficult time.

At Podor Law, our team understands the profound grief you’re experiencing. With over 40 years of combined experience in wrongful death law, we’ve guided countless families through this challenging process with compassion and expertise. This guide will help you understand how to file a wrongful death claim while respecting the emotional journey you’re on.

Who Can File a Wrongful Death Claim

Not everyone can file a wrongful death lawsuit. Each state has its own laws regarding who has the right to file a claim. Understanding eligibility is the first critical step in the process of filing a wrongful death claim.

Eligible Family Members

In most states, eligibility to file is limited to close family members or the deceased’s personal representative. Generally, the following individuals may have standing to claim on behalf of the deceased a wrongful death claim:

- Surviving spouse: Usually first in priority

- Children: Both minor and adult children in most cases.

- Parents: Particularly if the deceased had no spouse or children

- Financial dependents: Those who relied on the deceased for support

- Personal representatives of the estate: Often required to file on behalf of all beneficiaries

State laws vary significantly from state to state regarding who can file. For example, in Florida, the Florida Wrongful Death Act defines “survivors” as the spouse, children, parents, and blood relatives or adoptive siblings who were partly or wholly dependent on the deceased. However, Florida law requires that the personal representative of the estate must be the one to file the lawsuit on behalf of all survivors.

In Ohio, state law similarly requires that a wrongful death action be brought by the personal representative for the exclusive benefit of the surviving spouse, children, parents, and other next of kin. Notably, Ohio law bars parents who abandoned a minor child from recovering damages in that child’s wrongful death case.

If you’re unsure about your eligibility to file, consulting with an experienced wrongful death attorney can provide clarity about your legal options based on your specific relationship to the deceased.

The 7-Step Process for Filing a Wrongful Death Claim

Understanding the process of filing a wrongful death claim can help you navigate this complex legal journey with greater confidence. Here’s a step-by-step guide:

Step 1: Consult with a Wrongful Death Attorney

The first and most crucial step is to speak with an attorney who specializes in wrongful death cases. A qualified wrongful death lawyer can:

- Evaluate whether you have a viable claim

- Identify all potential claimants

- Determine which parties may be liable

- Explain the legal process specific to your state

- Handle communication with insurance companies and opposing counsel

Most wrongful death attorneys offer a free case evaluation, allowing you to understand your options without any financial commitment.

Step 2: Determine Eligibility and Identify All Potential Claimants

Your attorney will help establish who has legal standing to bring the claim. This may involve:

- Reviewing family relationships

- Identifying dependents

- Appointing a personal representative if one hasn’t been designated

- Ensuring all eligible survivors are included in the claim

Step 3: Gather Essential Documentation and Evidence

To build a strong case, you’ll need to gather evidence that establishes both liability and damages. Crucial documentation includes:

- Death certificate and autopsy reports

- Medical records related to the fatal injury or illness

- Police or incident reports

- Witness statements

- Photographs or videos of the accident scene

- Employment and financial records

- Insurance information

Preserving evidence quickly is vital, as physical evidence can be lost and witness memories fade over time.

Step 4: Identify All Potentially Responsible Parties

Wrongful death cases often involve multiple liable parties. For example, in a fatal car accident, potential defendants might include:

- The at-fault driver

- The driver’s employer (if they were working at the time)

- Vehicle manufacturers (if a defect contributed to the crash)

- Government entities (if poor road conditions were a factor)

Identifying all responsible parties ensures maximum recovery potential.

Step 5: Calculate Damages and Losses

Working with your attorney, you’ll document and calculate all losses resulting from your loved one’s death, including:

- Medical expenses prior to death

- Funeral and burial costs

- Lost income and benefits

- Loss of services provided by the deceased

- Non-economic damages such as loss of companionship

- Emotional suffering of surviving family members

Step 6: File a Wrongful Death Claim Within the Statute of Limitations

Your attorney will file a lawsuit in the appropriate civil court before the statute of limitations expires. This legal document (the complaint) outlines:

- The facts of the case

- The legal causes of action

- The parties involved

- The damages being sought

Step 7: Negotiate Settlement or Prepare for Trial

Most wrongful death cases settle before reaching trial. Your attorney will:

- Engage in settlement negotiations with the defendants

- Present your case at mediation if necessary

- Prepare for trial if a fair settlement cannot be reached

- Represent you throughout the litigation process

According to data from the Bureau of Justice Statistics, the vast majority of wrongful death claims are resolved through settlement rather than jury verdict.

Essential Evidence for a Wrongful Death Lawsuit

The burden of proof in a wrongful death case requires demonstrating that another person’s negligence or wrongful act caused the victim’s death. Compelling evidence is crucial to establishing both liability and damages.

Medical Documentation

- Death certificate: Establishes the fact and cause of death

- Autopsy report: Provides forensic evidence of what caused the death

- Medical records: Show treatment received and any potential medical malpractice

- Expert medical testimony: Often needed to establish causation in complex cases

Evidence of Negligence

- Police/incident reports: Document the circumstances surrounding the death

- Witness statements: Provide firsthand accounts of what happened

- Photos and videos: Visual evidence of unsafe conditions or the incident itself

- Safety records: May reveal prior incidents or violations

- Internal documents: Sometimes obtained through discovery that show a defendant knew of risks

Financial Documentation

- Income records: Tax returns, pay stubs, and employment contracts

- Benefit information: Health insurance, retirement plans, etc.

- Household services value: Documentation of services the deceased provided

- Medical bills: All expenses related to the final injury or illness

- Funeral and burial expenses: Receipts and invoices

Collecting and preserving this evidence requires careful attention. An experienced wrongful death attorney can help coordinate with investigators, medical experts, and financial specialists to build the strongest possible case.

Understanding Compensation in Wrongful Death Claims

Wrongful death damages aim to compensate survivors for both the economic and emotional losses resulting from their loved one’s death. Understanding the types of compensation available can help set realistic expectations.

Economic Damages in a Wrongful Death

Economic damages represent the quantifiable financial losses caused by the death:

- Lost income and benefits: The income the deceased would have earned over their lifetime

- Lost inheritance: Future assets the heirs would have received

- Medical expenses: Costs related to the fatal injury or illness

- Funeral expenses: All burial and funeral costs

- Loss of services: Value of household services the deceased provided

These damages are calculated using financial records, expert testimony, and economic projections.

Non-Economic Damages in a Wrongful Death

Non-economic damages address the intangible losses that are harder to quantify but equally significant:

- Loss of companionship: The loss of love, guidance, and support

- Pain and suffering: The emotional anguish experienced by survivors

- Loss of consortium: For a surviving spouse, the loss of the marital relationship

According to Ohio law, damages may include “loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, and education.”

Punitive Damages

In cases of extreme negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. The availability of punitive damages varies by state. For example:

- Florida generally allows punitive damages in wrongful death cases if the conduct was grossly negligent or intentional.

- Ohio does not permit punitive damages in wrongful death claims directly, as explained by Cooper Elliott Law.

The distribution of compensation among family members is typically governed by state law or determined by the court, ensuring fair allocation based on each survivor’s relationship to the deceased.

Legal Time Limits and Considerations

One of the most critical aspects of filing a wrongful death claim is understanding the statute of limitations—the legal deadline by which you must file your lawsuit. Missing this deadline usually means losing your right to seek compensation, regardless of how strong your case might be.

Wrongful Death Statute of Limitations by State

Time limits vary by state and sometimes by the type of wrongful death case:

- Florida: According to Florida Statutes §95.11, wrongful death claims generally must be filed within 2 years of the date of death. However, Florida made a significant change in 2023—if the death was caused by murder or homicide, there is no time limit to file.

- Ohio: Ohio law also imposes a 2-year statute of limitations for wrongful death actions. However, according to a 2024 Ohio Supreme Court ruling, wrongful death claims arising from medical care must be filed within 4 years of the medical negligence, even if the death occurred later.

Additional Timing Considerations

Beyond the standard statutes of limitations, other timing factors may affect your claim:

- Discovery rule: In some jurisdictions, the clock may start when the cause of death is discovered, rather than the date of death itself.

- Tolling provisions: The statute may be “paused” in certain circumstances, such as when the claimant is a minor.

- Product liability repose: Claims against product manufacturers may have additional time restrictions.

Because of these complex and strict deadlines, it’s crucial to consult with a wrongful death attorney as soon as possible after the death occurred. Waiting too long could permanently bar your claim.

How Podor Law Can Help With Your Wrongful Death Claim

At Podor Law, we understand that pursuing legal action while grieving is incredibly difficult. Our compassionate team is dedicated to supporting you through every step of this challenging process.

Our Experience and Approach

With over 40 years of combined experience handling wrongful death cases, our attorneys bring both expertise and empathy to your case. We:

- Focus exclusively on personal injury and wrongful death cases

- Take a family-centered, compassionate approach

- Handle all investigation, paperwork, and legal proceedings

- Negotiate aggressively with insurance companies

- Prepare thoroughly for trial when settlement isn’t possible

Client-Centered Services

When you work with Podor Law, you receive:

- Free consultation: Discuss your case with no obligation

- Contingency fee structure: You pay nothing unless we win your case

- 24/7 availability: Support whenever you need it

- Regular updates: Clear communication throughout your case

- Personalized attention: Direct access to your attorney

Our goal is not just to secure the compensation you deserve but to provide support and guidance during one of life’s most difficult times.

Taking the Next Step

We understand that deciding to pursue a wrongful death claim is emotionally challenging. No legal action can bring back your loved one, but it can provide financial security and a sense of justice during this painful time.

If you’re considering filing a wrongful death claim, we invite you to schedule a free consultation with one of our experienced wrongful death attorneys. During this meeting, we’ll:

- Listen to your story with care and compassion

- Evaluate the merits of your potential claim

- Answer your questions about the legal process

- Outline possible next steps with no pressure or obligation

You don’t have to face this difficult journey alone. Our team is here to support you every step of the way, fighting for the justice your loved one deserves while you focus on healing.

Contact Podor Law today to schedule your free consultation.