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Understanding Your Rights

How to File a Wrongful Death Claim: A Complete Guide 

April 14, 2025
Cody Podor
11 min read
How to File a Wrongful Death Claim: A Complete Guide 


We know how difficult losing a loved one can be, how can we not? It’s one of life’s most devastating experiences. And when that loss occurs due to someone else’s mistakes or wrongful actions, not only can you be dealing with grief, but it can be compounded by confusion on what legal options are available. If you’re considering a wrongful death claim, its important for you to know that, even though no amount of compensation can be enough for your loss, it may provide financial stability and a sense of justice during this terrible time.

Here at The Podor Law Firm, our team understands this immense pain. We have over 45 years of combined experience in wrongful death claims, and we’ve guided countless families through these horrible tragedies with not only our expertise, but our compassion. So we have prepared this guide to help you understand how to file a wrongful death, while respecting this emotional journey you’re on. 

Who Can File a Wrongful Death Claim

It’s very important to understand that not everyone can file for a wrongful death lawsuit. And each individual state has their own laws on who has the right to file a claim, making the understanding of eligibility a crucial first step on how to file one. 

Eligible Family Members

In most states, who is eligible is mostly limited to close family members, or the deceased personal representatives. Here are the most common cases of individuals who may have standing to claim a wrongful death in the name of the deceased. 

  • 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


As we’ve mentioned before, state laws vary significantly on who can file. For example, in Florida, the “Florida Wrongful Death Act” defines survivors as the spouse, children, parents, blood relatives, or adoptive siblings. It’s also important to know that Florida law requires that the personal representative of the estate must be the one to file the lawsuit on behalf of the survivors.

In Ohio, the law also requires that a wrongful death must be brought by the representative, exclusively for the benefit of the survivors. 

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

Knowing and understanding how the process works on filing a wrongful death claim, can definitely help you navigate this complex journey with more confidence. Here are the 7 steps. 

Step 1: Consult with a Wrongful Death Attorney

The first and most important step is to set an appointment with an attorney who has experience 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, making it easier for you to understand your options without any big commitments

Step 2: Determine Eligibility and Identify All Potential Claimants

Your attorney will help identify who has legal standing in order to establish the case. 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 Documentation and Evidence

To build a strong case, gathering evidence that establishes both liability and damages is crucial to determine the validity of your claim. Some examples include

  • 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

It’s extremely important to preserve the evidence quickly, since physical evidence can be lost and witness memories fade over time.

Step 4: Identify All Potentially Responsible Parties

Usually wrongful death cases involve many liable parties. For example, in a deadly 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)

Figuring out all responsible parties ensures a fair compensation.  

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


In these types of cases, its the job of the attorney to prove with compelling evidence that the victim’s death was caused by the negligence or wrongful act of another person. Essential evidence is commonly seen this way. 

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


Preserving and gathering the evidence requires experience and attention, an experienced attorney can help coordinate with investigators, medical experts and financial specialists to construct the strongest case possible. 

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.

Taking the Next Step


Deciding to pursue a wrongful death claim is understandably emotionally challenging. And we know that no legal action will ever bring back your loved one, but we also know that it can provide financial security and justice to those who harm you and your family.

If you’re considering filing a claim, please know that here at Podor Law you can schedule a free consultation with any of our experienced attorneys. During our meeting we will: 

  • 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

Don’t face this 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.

Sources

Florida Statutes

Ohio Revised Code

Legal Resources and Commentary

Statistical Data

Cody Podor
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