How a Wrongful Death Claim Lawyer Can Help

Losing a loved one suddenly is an isolating experience. While friends and family offer support, you may feel like no one truly understands the unique pressures you’re facing—from the emotional trauma to the sudden financial strain. When you add the stress of dealing with insurance companies and legal paperwork, the burden can feel unbearable. Please know you are not alone in this. A wrongful death claim provides a way to secure your family’s future, and the right legal partner can lift that weight from your shoulders. This article explains how a dedicated wrongful death claim lawyer acts as your advocate, guide, and support system through every step.

Key Takeaways

• Focus on Healing While Your Lawyer Handles the Legal Work

  : A

  wrongful death attorney

  takes the entire legal burden off your shoulders. They manage the investigation, evidence gathering, and negotiations so you can focus on your family during a difficult time.

• Time Limits Are Strict and Non-Negotiable

  : Every state has a firm deadline, called the statute of limitations, for filing a wrongful death claim. Missing this window means you lose your right to seek justice, making it critical to speak with a lawyer as soon as possible.

• A Claim Seeks Full Accountability for All Losses

  : Compensation is designed to cover the complete impact on your family. This includes immediate costs like medical and funeral bills, long-term lost income, and the profound, personal loss of companionship and guidance.

What is a Wrongful Death Claim?

When you lose a loved one because of someone else’s negligence or misconduct, the grief can be all-consuming. On top of the emotional pain, you may be facing unexpected financial burdens. A wrongful death claim is a civil lawsuit that allows the estate of the person who passed away to seek justice and compensation from the responsible party. It’s a way to hold them accountable for their actions and to help your family manage the financial fallout from your loss. This is different from a criminal case, which is brought by the state and can result in penalties like jail time. A wrongful death claim focuses on securing financial stability for the surviving family members.

Defining a Wrongful Death

At its core, a wrongful death claim arises when a person dies as a direct result of another's careless or intentional act. Think of it as a personal injury claim that the deceased person would have been able to file if they had survived their injuries. Since they can no longer speak for themselves, the law allows a representative of their estate to file the lawsuit on behalf of the surviving family members. The goal is to recover damages for the losses the family has suffered, such as lost income, medical bills, and the loss of companionship. It’s a legal tool designed to provide a measure of relief and accountability when a life is cut short by negligence.

Common Causes of Wrongful Death

Wrongful death can result from a wide range of tragic circumstances where negligence was a factor. Some of the most common situations we see involve transportation incidents, including devastating car, truck, and motorcycle accidents. Another frequent cause is medical negligence, where fatal medical mistakes like a surgical error or a misdiagnosis lead to a patient's death. Tragic accidents at work, particularly in high-risk fields like construction, can also form the basis of a claim. Other instances include deaths caused by defective products, unsafe conditions on a property leading to a fall, or neglect in a nursing home. In each case, the key element is proving that another party’s failure to act with reasonable care caused the death.

How Long You Have to File a Claim

Every state sets a strict deadline for filing a wrongful death lawsuit, known as the statute of limitations. This time limit is crucial because if you miss it, you will likely lose your right to pursue a claim forever. For example, in New York, the deadline is generally two years from the date of death. These timeframes vary depending on where you live and the specific circumstances of the case, which is why it’s so important to act quickly. Contacting an attorney as soon as possible ensures that you don’t miss any critical deadlines. It also gives your legal team the time they need to properly investigate the incident and build the strongest possible case for your family.

Clearing Up Common Misconceptions

There are many myths surrounding wrongful death claims that can stop families from seeking the justice they deserve. One common misconception is that these lawsuits are only about money. While financial compensation is a key component to help families avoid hardship, these claims are also about holding the responsible parties accountable for their actions. Another myth is that every case ends up in a long, drawn-out court battle. In reality, many wrongful death claims are settled through negotiation without ever going to trial. People also mistakenly believe that only certain types of accidents qualify or that only an immediate family member can file. The truth is that a legal representative for the estate files the claim for the benefit of the survivors.

How a Wrongful Death Lawyer Can Help

When you’re grieving the loss of a family member, the thought of a legal battle is overwhelming. A wrongful death lawyer steps in to manage the entire legal process for you. Their job is to lift that burden from your shoulders, giving you the space to focus on your family and begin to heal. They handle the complexities of the legal system, from paperwork and deadlines to negotiations and court appearances, acting as your dedicated advocate every step of the way. This support allows you to process your loss without the added stress of fighting for the justice your loved one deserves.

Building a Strong Case for You

A successful claim is more than just filing paperwork; it’s about telling a clear and compelling story backed by solid legal arguments. An experienced lawyer understands the specific laws that apply to wrongful death cases in your state. They know how to frame the incident to clearly establish negligence and prove the full impact of your loss. This involves identifying the responsible parties, calculating the financial and emotional damages, and anticipating the defense's arguments. Their expertise in building a strong case from the very beginning is crucial for securing the justice and compensation your family deserves.

Investigating and Gathering Evidence

To build a strong case, your lawyer will conduct a thorough investigation into the circumstances of your loved one's death. This goes far beyond a basic police report. They will gather critical evidence, such as medical records, witness statements, security footage, and internal company documents. In complex cases, like those involving medical malpractice or construction accidents, they will hire experts to analyze the facts and provide testimony. This meticulous evidence collection is the foundation of your claim and is essential for proving who was at fault and holding them accountable.

Handling Insurance Negotiations

Dealing with insurance companies can be incredibly stressful. Their primary goal is often to protect their bottom line by minimizing the amount they pay out. An attorney acts as your shield and your champion in these negotiations. They will handle all communications with insurance adjusters, preventing them from pressuring you into accepting a lowball offer. With a deep understanding of how insurers operate and what your claim is truly worth, your lawyer will fight for a fair settlement that covers everything from medical bills and lost wages to the loss of companionship.

Preparing Your Case for Trial

While the majority of wrongful death cases are settled out of court, the best lawyers prepare every case as if it’s going to trial. This readiness is a powerful advantage during negotiations. It signals to the opposing side that you are serious about pursuing justice and won't back down from a fight. Your lawyer will manage all aspects of trial preparation, including filing motions, preparing witnesses, and developing a strong courtroom strategy. If a fair settlement cannot be reached, you can feel confident knowing your case is in the hands of a skilled litigator ready to advocate for you in court.

Offering Support and Guidance

Beyond the legal strategy and paperwork, a compassionate lawyer provides essential emotional support and clear guidance. They understand you are going through one of the most difficult times in your life. Your attorney should be someone you can trust to answer your questions in plain language, keep you informed about your case, and handle the legal stress so you don’t have to. This partnership ensures you feel heard and respected throughout the process. Their role is not just to be your legal representative but also a steady guide, helping your family find a path toward resolution and closure.

Who Can File a Claim and When?

When you're grieving the loss of a family member, navigating legal rules is the last thing on your mind. However, understanding who is eligible to file a wrongful death claim and the strict deadlines involved is essential for seeking justice. The process isn't always straightforward, as specific family members are designated to benefit, and a legal representative must formally file the lawsuit. Furthermore, every state has its own set of laws, which can make a significant difference in your case. Knowing these key details from the start can help you protect your family's rights and ensure you don't miss your opportunity to hold the responsible party accountable. Let's walk through what you need to know about the timeline and eligibility for filing a claim.

Which Family Members Are Eligible?

While the entire family feels the pain of a loss, the law specifies which relatives can receive compensation from a wrongful death lawsuit. Typically, the claim is filed for the benefit of the deceased person’s closest surviving family members. This usually includes the spouse and children. If the person who passed away had no spouse or children, their parents may be next in line. In some cases, if there are no immediate heirs like a spouse, child, or parent, other relatives like siblings might be eligible. These rules ensure that the financial and emotional support is directed to those who depended on the deceased the most.

The Role of an Estate Representative

A common point of confusion is who actually files the lawsuit. It’s not the family members themselves but a "personal representative" of the deceased person's estate. This individual is often named as the executor in a will. If there is no will, the court will appoint someone to fill this role. This representative acts on behalf of the eligible family members, managing the legal claim and distributing any settlement or award according to the law. Their job is to legally represent the interests of the estate and its beneficiaries throughout the entire process, from filing the initial paperwork to negotiating with insurance companies.

Understanding State-Specific Rules

It's incredibly important to know that wrongful death laws are not the same everywhere. Each state has its own unique statutes that dictate who can sue, what kind of damages can be recovered, and how long you have to file a claim. For example, the rules in New Jersey are different from those in New York, Florida, or Massachusetts. This is why working with an attorney who is experienced in your specific state is so critical. They understand the local laws and court procedures, ensuring your case is handled correctly from the very beginning and giving you the best chance at a successful outcome.

Key Deadlines You Can't Miss

Every state sets a strict time limit, known as the statute of limitations, for filing a wrongful death lawsuit. If you miss this deadline, you lose your right to seek compensation forever, no matter how strong your case is. In New York, for instance, you generally have two years from the date of death to file a claim. These deadlines can be complex and sometimes have exceptions, but they are almost always enforced rigidly by the courts. Because of this, one of the most important steps you can take is to discuss your personal injury case with an attorney as soon as possible. This ensures all necessary actions are taken well before the deadline expires.

Key Factors That Influence Your Case

When you're grieving the loss of a loved one, the thought of a legal battle can feel completely overwhelming. It’s a time filled with emotion and uncertainty, and the legal system can seem like a confusing maze. However, understanding the main factors that will shape your wrongful death claim can provide a sense of clarity and control during a difficult period. While every case is unique, a few key elements consistently play a major role in the outcome. Knowing what they are can give you a clearer picture of the road ahead and highlight why having an experienced legal team on your side is so important from day one.

A successful claim is not just about proving what happened; it's about building a comprehensive case that stands up to scrutiny from insurance companies and opposing lawyers. This involves meticulously gathering evidence, clearly establishing who was at fault, and understanding the specific laws that apply to your situation. It also means preparing for the financial realities of the case, from the impact of expert testimony to the challenges of negotiating with insurers who are focused on their bottom line. Each piece of the puzzle—from a single witness statement to the fine print in an insurance policy—can influence the final result. We'll walk through these critical factors one by one, so you can feel more prepared for the process and confident in your decisions.

The Strength of Your Evidence

The foundation of any successful wrongful death claim is strong, clear evidence. Think of it as telling the story of what happened, backed by facts. This includes official documents like police reports and medical records, but also photos or videos from the scene, and contact information for any witnesses. Preserving this information is critical. Your attorney’s first job is to help you gather and organize this proof to build a compelling narrative. The more solid evidence you have, the harder it is for the other side to dispute what happened or deny responsibility for your family’s loss. It’s the bedrock upon which your entire case is built.

Proving Who Was at Fault

A wrongful death claim hinges on proving that another party’s negligence or wrongful act caused your loved one’s death. In legal terms, this means showing they had a responsibility to act with care and failed to do so. For example, a truck driver has a duty to follow traffic laws. If they run a red light and cause a fatal crash, they have breached that duty. Your lawyer’s job is to connect their careless action directly to the tragic outcome. Establishing this link is essential. We investigate incidents like car and truck accidents to clearly demonstrate fault and hold the responsible parties accountable for the harm they’ve caused.

The Impact of Expert Testimony

Some parts of a case are too complex for a judge or jury to understand without help. This is where expert witnesses become invaluable. These are professionals in fields like accident reconstruction, engineering, or medicine who can analyze the evidence and provide a clear, credible explanation of what happened. In a medical malpractice case, a respected doctor can testify about the standard of care. For a construction accident, an engineer can explain safety failures. These experts translate complicated facts into understandable testimony, which can dramatically strengthen your claim and show exactly how the negligence occurred. Their unbiased, professional opinion often makes all the difference in securing a fair outcome for your family.

How Your Location Affects the Claim

Where you file your claim matters—a lot. Each state has its own specific laws governing wrongful death cases. These rules dictate crucial details, like who is eligible to file the lawsuit (it’s not always the same family members) and, most importantly, the deadline for filing, known as the statute of limitations. Missing this deadline can mean losing your right to seek justice forever. Because we practice in New Jersey, New York, Massachusetts, and Florida, we understand how to work within the legal framework of each state. Having a lawyer who knows the local rules is not just helpful; it’s absolutely necessary to protect your rights and ensure your case proceeds correctly from the start.

Navigating Insurance Policy Limits

After a loss, you will almost certainly have to deal with an insurance company. It’s important to remember that their primary goal is to protect their own financial interests, which often means paying out as little as possible. Adjusters may seem friendly, but they are trained to minimize claims. This is why having a lawyer handle all communications is so critical. We understand the tactics they use and know how to counter lowball offers. We will assess the full value of your claim and fight for a settlement that is fair. By managing these tough insurance negotiations, we let you focus on your family while we work to secure the compensation you deserve.

What Kind of Compensation Can You Recover?

When you lose a family member because of someone else’s negligence, no amount of money can make things right. However, the legal system provides a way to secure financial stability for your family and hold the responsible party accountable. This compensation, legally known as "damages," is designed to cover the wide range of losses—both financial and emotional—that your family experiences. The specific types of compensation you can pursue depend on the details of your case and state laws, but they generally fall into several key categories. Understanding what you may be entitled to can help you see a path forward during an incredibly difficult time.

Covering Financial Losses

The most immediate and measurable impact of a wrongful death is often financial. Compensation aims to cover these tangible economic losses your family now faces. These claims are designed to help you pay for the sudden costs and deal with the financial instability that follows an unexpected loss. This includes everything from immediate expenses to the long-term financial support your loved one would have provided. The goal is to restore your family to the financial position you would have been in had the tragedy not occurred, providing a foundation to help you move forward without the added burden of financial distress.

Accounting for Pain and Suffering

Beyond the clear financial costs, a wrongful death inflicts deep emotional pain. While no dollar amount can erase your grief, the law recognizes this immense suffering. This type of compensation addresses the profound emotional distress and mental anguish caused by the loss of your loved one. It also accounts for the pain and suffering the deceased may have experienced before their passing. It’s a way for the legal system to formally acknowledge the human cost of the negligence and provide a measure of justice for the intangible, yet very real, suffering your family has endured.

Medical Bills and Funeral Costs

After a fatal accident, families are often left with a stack of unexpected bills. A wrongful death claim allows you to recover the costs of any medical care your loved one received for their injuries before they passed away. This can include expenses for emergency services, hospital stays, surgeries, and other treatments. Additionally, you can seek compensation for the full cost of funeral and burial expenses. Covering these immediate and significant costs can relieve a major source of stress, allowing your family to focus on grieving and healing without worrying about these sudden financial obligations.

Lost Income and Future Support

A key part of any wrongful death claim is accounting for the income your loved one can no longer provide. This includes the wages, salary, and benefits they would have earned throughout their expected lifetime. But it goes beyond just a paycheck. Compensation also covers the value of services the person provided to the household, such as childcare, home maintenance, and financial management. An attorney can help calculate this total loss of future support to ensure your family’s long-term financial security is protected and you are compensated for the full economic impact of your loss.

Loss of Companionship and Guidance

The loss of a person is far more than a financial event; it’s the loss of a unique relationship. The law recognizes this by allowing for compensation for the loss of companionship, comfort, and partnership, particularly for a surviving spouse. For children who have lost a parent, compensation can be sought for the loss of their parent’s care, guidance, and nurturing. This aspect of a claim acknowledges the irreplaceable role the person played in their family’s life and the profound personal void their absence creates. It’s a way to hold the negligent party accountable for the deep, personal impact on your family.

Punitive Damages

In some situations, the person or entity responsible for the death may have acted with extreme recklessness or intentional malice. In these cases, the court may award punitive damages. Unlike other forms of compensation that are meant to cover your losses, punitive damages are intended to punish the wrongdoer for their egregious conduct. The goal is also to deter them and others from engaging in similar harmful behavior in the future. These damages are not awarded in every case and are reserved for circumstances where the defendant’s actions were particularly outrageous or willful.

Your Claim, Step by Step

Filing a wrongful death claim can feel like a monumental task, especially when you're grieving. A dedicated lawyer breaks down the process into manageable steps, handling the legal complexities so you can focus on your family. Here’s a look at what you can expect.

The Initial Case Review

It all starts with a conversation. Most wrongful death lawyers offer a free, no-obligation consultation to discuss what happened. This is your opportunity to share your story, ask questions, and get a clear understanding of your legal options. The attorney will listen to the details of your situation and provide an honest assessment of whether you have a strong case. The goal is to give you the clarity you need to decide on the best path forward for your family without any pressure. This initial meeting is a crucial first step in seeking justice for your loved one.

Gathering Necessary Documents

Building a strong claim requires solid proof. Your legal team will take on the heavy lifting of collecting all the essential paperwork to support your case. This includes gathering official documents like police and accident reports, obtaining your loved one’s medical records, and collecting any other evidence that demonstrates negligence. An experienced attorney knows exactly what to look for and how to secure these documents efficiently. This allows you to avoid the stress of tracking down paperwork while ensuring every critical piece of evidence from events like car and truck accidents is properly compiled.

Identifying Who Is Liable

Determining who is legally responsible for your loved one’s death is not always straightforward. The liable party could be an individual, a corporation, a healthcare provider, or even a government agency. In some cases, like a construction injury, multiple parties may share responsibility. Your lawyer will conduct a thorough investigation to identify every person or entity at fault. This comprehensive approach is key to ensuring that all responsible parties are held accountable and that you can pursue the full compensation your family deserves.

Negotiating a Fair Settlement

Insurance companies often aim to resolve claims for the lowest possible amount. Their initial offers rarely reflect the true financial and emotional toll of your loss. Your lawyer acts as your advocate, skillfully negotiating with the insurance adjusters on your behalf. They will calculate the full value of your claim—including medical bills, lost income, and pain and suffering—and fight to secure a settlement that is fair and just. Having an experienced negotiator in your corner prevents you from being taken advantage of during such a vulnerable time and is a core part of handling a wrongful death claim.

Preparing for Court, If Necessary

While the vast majority of wrongful death cases are settled out of court, it’s important to be prepared for trial. If the opposing side refuses to offer a fair settlement, your lawyer must be ready and willing to take your case before a judge and jury. This readiness is a powerful tool in negotiations, as it shows the insurance company you are serious about getting justice. Should your case proceed to trial, your attorney will meticulously prepare every detail, from presenting evidence to arguing on your behalf, guiding you with confidence through each stage of the court process.

How to Choose the Right Lawyer

Finding the right legal partner is one of the most important decisions you’ll make during this difficult time. You need someone who not only has the right skills but also makes you feel supported and understood. The goal is to find an advocate who will handle the legal complexities so you can focus on your family. Think of the initial consultation as an interview—you are hiring them for a critical role. Take your time, ask questions, and trust your instincts. A good lawyer will be transparent, compassionate, and ready to fight for you every step of the way.

Look for Essential Qualifications

When you’re searching for a lawyer, specialization matters. You wouldn’t see a foot doctor for a heart problem, and the same logic applies here. You need an attorney who focuses on personal injury law and has direct experience with wrongful death claims. These cases are emotionally and legally complex, involving intricate laws about liability, damages, and statutes of limitations. An experienced lawyer understands the nuances of proving negligence and calculating the full extent of your family’s losses, both financial and emotional. Their expertise is non-negotiable for building a strong case and ensuring you receive the justice your loved one deserves.

Verify Their Experience

Once you’ve found a lawyer with the right qualifications, take a moment to verify their track record. A law firm that has successfully handled wrongful death cases before will likely share that information. Look through their website for case results, client testimonials, and detailed practice area pages. This experience can significantly impact the outcome of your claim. An attorney who has gone up against big insurance companies knows their tactics and won’t be intimidated into accepting a low settlement offer. They will have the resources, expert connections, and courtroom confidence needed to manage your case effectively from start to finish.

Find a Communication Style That Fits

Legal skill is crucial, but so is the human connection. You will be sharing personal, often painful, details with your lawyer, so it’s important to find someone you trust and can communicate with openly. During your initial consultation, pay attention to how they make you feel. Do they listen patiently? Do they explain complex legal terms in a way you can understand? A good lawyer provides clear, consistent updates and is available to answer your questions. You should feel like a priority, not just another case number. This partnership is key to getting through the legal process with confidence.

Understand How They Get Paid

Worries about legal fees shouldn't prevent you from seeking justice. Most personal injury lawyers, including those who handle wrongful death claims, work on a contingency fee basis. This means you don’t pay any attorney fees upfront. The lawyer’s payment is “contingent” on them winning your case, either through a settlement or a court verdict. If they secure compensation for you, their fee is a pre-agreed-upon percentage of that amount. If you don’t win, you don’t owe them a fee. This arrangement removes the financial risk for your family and ensures your lawyer is fully motivated to achieve the best possible outcome for you.

Key Questions to Ask Before You Hire

Your initial consultation is the perfect opportunity to get the clarity you need. Don’t be afraid to ask direct questions to ensure a firm is the right fit for your family. Being prepared with a list can help you cover all your bases and make an informed decision.

Here are a few key questions to consider asking:

• How many wrongful death cases have you handled?

• Who will be my main point of contact at the firm?

• How often can I expect to receive updates on my case?

• What are the potential costs besides the contingency fee, such as court filing fees or expert witness expenses?

• Based on the information I’ve shared, what is your honest assessment of my case?

What to Expect When Working With Your Lawyer

Stepping into a legal process while grieving can feel overwhelming. A good lawyer understands this and will guide you through every stage with clarity and compassion. Knowing what to expect can help ease some of that uncertainty. Your attorney will be your partner, handling the complex legal work so you can focus on your family. The process is a collaboration, and your lawyer will ensure you feel informed and supported from your first meeting to the resolution of your case.

Documents You'll Need to Provide

To build the strongest possible case, your lawyer will need to gather important proof and documentation related to your loved one and the incident. Think of this as building the foundation of your claim. Your legal team will guide you on exactly what's needed, but it often includes the official death certificate, any available police or incident reports, medical records leading up to the death, and financial documents like pay stubs or tax returns to show lost income. Providing these items promptly helps your attorney establish the facts and begin calculating the full extent of your family’s losses.

Setting Communication Expectations

Open and consistent communication is key to a healthy attorney-client relationship. During your initial consultation, you should discuss how and how often you’ll receive updates. Will it be by phone, email, or a dedicated client portal? Who is your primary point of contact? A compassionate legal team will make you feel heard and ensure your questions are answered without confusing legal jargon. This is also the time to discuss fees. Most wrongful death lawyers work on a contingency fee basis, which means you don’t pay anything unless they win your case. This ensures you know exactly what to expect financially.

How Decisions Are Made in Your Case

Your lawyer brings legal expertise and strategic guidance, but you always have the final say on major decisions, like accepting a settlement offer. Your attorney’s job is to present you with the options and offer a professional recommendation based on the facts of your case. They will use their experience and often consult with experts, like economists and medical professionals, to accurately calculate your family’s total losses—both current and future. This detailed analysis ensures that any settlement negotiation or demand is based on a comprehensive valuation of your claim, giving you the information you need to make the best decision.

Your Role in Building a Strong Claim

While your lawyer handles the legal strategy, your participation is crucial. Your most important role is to be open and honest with your attorney from the very beginning. Share every detail you can remember about the incident and your loved one’s situation. The more information your lawyer has, the better they can represent you. You are the expert on your family’s story and the impact of your loss. By providing clear information and asking questions, you become an active partner in seeking justice. Your focus should be on your family’s healing, while your legal team focuses on securing the personal injury compensation you deserve.

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Frequently Asked Questions

How much does it cost to hire a wrongful death lawyer? Concerns about cost should never stop you from seeking justice. Most wrongful death attorneys work on a contingency fee basis. This simply means you pay no fees upfront. The lawyer’s fee is a percentage of the compensation they recover for you, so they only get paid if you win your case. This approach allows your family to access expert legal help without any financial risk.

Do I have to go to court for a wrongful death claim? The idea of a courtroom battle is stressful, but the reality is that the vast majority of wrongful death cases are resolved through a settlement without ever going to trial. An experienced lawyer will prepare your case as if it’s going to court, which gives them a strong position to negotiate a fair settlement with the insurance company. The ultimate goal is to secure the compensation you deserve, and often that can be achieved without a lengthy trial.

What if I'm not sure who was at fault for my loved one's death? It is completely normal to not have all the answers right now. Determining legal fault is a complex process, and it’s not your job to figure it out alone. A skilled lawyer will conduct a thorough investigation into the circumstances of the incident. They will gather evidence, interview witnesses, and consult with experts to identify all responsible parties and build a strong case on your family's behalf.

How long does a wrongful death case usually take to resolve? There isn't a single timeline that fits every case, as the duration depends on several factors. A straightforward case with clear evidence might be resolved in several months, while a more complex case involving multiple parties or a dispute over fault could take longer. Your attorney will be able to give you a more specific estimate after reviewing the details of your situation and will keep you informed at every stage.

My loved one passed away in an accident, but there are no criminal charges. Can I still file a claim? Yes, you absolutely can. It's important to understand that a wrongful death claim is a civil action, which is completely separate from any criminal case. A civil claim focuses on holding the responsible party financially accountable for your family's losses. The standard of proof is different, so even if the state doesn't file criminal charges, you can still pursue justice for your loved one through a civil lawsuit.