Losing a loved one is hard enough. But when their death is caused by someone else’s negligence or intentional harm, the pain becomes more than emotional—it becomes a legal and financial burden, too. That’s where understanding wrongful death lawsuits can make a critical difference. These legal actions not only help surviving family members seek justice, but they also hold the responsible party accountable and establish important legal precedents for such claims.
In this guide, we’ll break down wrongful death claims, explain your legal rights, and walk you through the steps of seeking financial compensation after such a loss. Whether your family is grieving the outcome of medical malpractice, car accidents, or workplace accidents, this article will help you understand the wrongful death law and how to navigate the legal process with clarity and strength.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit arises when a person dies due to someone else’s negligence, carelessness, or deliberate actions. This could happen in cases involving medical malpractice, car accidents, workplace accidents, or even criminal acts.
Unlike criminal charges, which are brought by the state, a wrongful death action is a civil legal claim. This means that surviving relatives or a personal representative of the deceased’s estate can file it to seek compensation for emotional pain, financial loss, and other damages related to the person’s death.
Under wrongful death law, key elements must be present:
The person’s death resulted from someone else’s negligence, recklessness, or intentional act.
The surviving family members experienced measurable losses—financial, emotional, or both—because of the death.
A court-appointed personal representative on behalf of the deceased’s estate or eligible family members to pursue the wrongful death claim.
By filing a wrongful death suit, families can pursue justice and receive financial support that reflects the full extent of their loss.
Who Can File a Wrongful Death Claim?
Every state has its wrongful death law, but generally, only certain people can bring such lawsuits. In most cases, it’s the immediate family members who have the legal right to file.
This includes:
The decedent’s surviving spouse
Surviving children, including adult children and minor children
Parents of a deceased minor
Other relatives or a domestic partner, if they were financially dependent
Sometimes, the court may appoint a personal representative—often the executor of the deceased’s estate—to handle the legal action on behalf of all entitled parties.
These wrongful death cases allow surviving relatives to seek compensation for a wide range of losses, from medical expenses and funeral costs to loss of companionship and income.
State Laws (California, Nevada, Colorado)
Each state has specific laws that determine who can file a wrongful death lawsuit. While the core idea remains the same—giving surviving family members the right to seek justice—there are slight differences in eligibility across California, Nevada, and Colorado.
California
Under California Code of Civil Procedure § 377.60, a wrongful death claim may be filed by the decedent’s surviving spouse, registered domestic partner, children, and the issue of deceased children. If there are no surviving children, those entitled to the decedent’s property by intestate succession—including parents or legal guardians—may file. Additionally, putative spouses, their children, stepchildren, parents, and even certain minors who lived with and were financially dependent on the deceased may qualify. A personal representative of the deceased’s estate may also bring the action on behalf of all eligible parties.
Nevada
Under NRS § 41.085, both the heirs of the decedent and the personal representative of the deceased’s estate may file a wrongful death lawsuit. The law defines heirs as those who would inherit the decedent’s separate property under intestate succession, excluding anyone legally deemed responsible for the death.
Immediate family members, such as the surviving spouse, children, and parents, can pursue compensation for grief and sorrow, loss of companionship, and loss of probable financial support. Meanwhile, the personal representative may recover damages on behalf of the estate for medical expenses, funeral expenses, and, in some cases, punitive damages. These damages do not include compensation for the decedent’s pain and suffering but may be subject to estate debt obligations.
Colorado
Under C.R.S. § 13-21-201, the surviving spouse has the exclusive right to file a wrongful death claim in the first year following the person’s death. In the second year, the right expands to include the spouse and heirs, such as surviving children or a designated beneficiary, if one exists. If the deceased left no spouse, children, or beneficiary, siblings or the heirs of siblings may file. For unmarried minors or adults without descendants, parents may also pursue the claim, with the court dividing damages fairly if necessary. Colorado law ensures that the judgment is distributed among legal heirs according to the state’s rules of intestate succession.
Common Causes of Wrongful Death Cases
Wrongful death lawsuits can stem from many types of personal injury cases.
Common scenarios include:
Car accidents caused by reckless or impaired drivers
Medical malpractice due to misdiagnosis, surgical errors, or negligence
Workplace accidents involving safety violations or equipment failure
Defective products that cause fatal injuries
Criminal actions where someone is harmed intentionally
In many situations, a wrongful death case may also overlap with a personal injury lawsuit, particularly when the deceased suffered injuries before passing away.
What Compensation Can Surviving Family Members Receive?
Filing a wrongful death lawsuit allows the deceased’s family members to recover financial compensation for various losses.
This compensation may cover:
Medical bills and medical expenses incurred before the person’s death
Funeral expenses and burial costs
Lost wages and financial support that the deceased would have provided
Loss of companionship, guidance, and emotional support
Punitive damages in cases of gross negligence or intentional harm
The wrongful death settlement distribution can vary depending on the state laws and the specific relationship of each surviving family member to the deceased person. In a wrongful death lawsuit, the legal system aims to allocate the wrongful death settlement distribution based on the relationship to the deceased person and the level of financial or emotional loss. However, results vary depending on state laws and individual case factors.
Wrongful Death Settlement Distribution by State (California, Nevada, and Colorado)
In a wrongful death lawsuit, surviving family members may recover a range of damages depending on the state and the circumstances surrounding the person’s death. The goal is to provide financial compensation for both economic and non-economic losses.
California
Under Cal. Civ. Proc. Code § 377.61, eligible family members may recover damages the court deems just, such as medical expenses, funeral costs, loss of financial support, and loss of love, care, and companionship. However, the law excludes damages that fall under § 377.34, such as the decedent’s pain and suffering, unless filed under specific conditions allowed between January 1, 2022, and January 1, 2026, as amended by AB 1754. The court determines how to divide the wrongful death settlement distribution among eligible survivors.
Nevada
Under NRS § 41.085, both heirs and the personal representative of the decedent’s estate may file a wrongful death claim. Eligible parties may recover:
Medical expenses and funeral costs incurred before the person’s death
Loss of probable support, benefits, and companionship
Grief, sorrow, and loss of consortium are experienced by the heirs
Punitive damages (when applicable), recoverable by the estate
However, damages for the decedent’s pain, suffering, or disfigurement are not recoverable under this statute. The proceeds awarded to heirs are not subject to the decedent’s debts, while estate damages may be, unless otherwise exempt.
Colorado
Under C.R.S. § 13-21-203, a wrongful death claim may result in damages the jury considers fair and just, based on the circumstances of the person’s death. These may include:
Reimbursement for funeral expenses and medical costs
Loss of financial support and benefits for surviving family members
Non-economic damages such as grief, loss of companionship, pain and suffering, and emotional stress
Colorado law imposes a cap on non-economic damages—$2,125,000 for claims filed or accruing in 2025 unless the death resulted from a felonious killing. Claims involving medical malpractice are subject to lower caps, beginning at $555,000 in 2025 and increasing annually. In cases involving fraud or willful misconduct, courts may also award exemplary damages, often capped at an amount equal to or up to three times the actual damages awarded.
The Role of an Experienced Wrongful Death Attorney
Wrongful death claims involve complex legal procedures and legal intricacies, from collecting evidence to proving liability and navigating court requirements. An experienced wrongful death lawyer can make this process smoother and more effective for grieving families.
Here’s what wrongful death attorneys typically help with:
Investigating the cause of death using medical records, accident reports, and witness statements
Establishing liability against the responsible party
Handling the legal proceedings, paperwork, and deadlines
Ensuring the deceased’s estate and beneficiaries are properly represented
Maximizing your rightful financial compensation
With expert legal guidance, families can focus on healing while their legal team handles the pursuit of justice.
You Are Not Alone
Filing a wrongful death claim goes beyond financial recovery—it’s about seeking the truth, honoring your loved one’s death, and holding the responsible party accountable. When someone else’s negligence leads to a loved one’s death, surviving families deserve more than silence. They deserve clarity, closure, and the chance to rebuild their lives.
These claims serve a greater purpose. They remind us that every life matters—and that those who disregard safety, care, or responsibility must face the consequences.
At Bourassa Law Group, we understand the emotional weight and legal complexities that come with wrongful death lawsuits. Our role is to support you and provide you with the legal tools necessary to move forward.
Contact us today for a free consultation.
1-800-870-8910