Hiring an Accidental Death Lawyer: What To Know [2025 Guide]

Accidental Death Claims vs. Wrongful Death Claims vs. Personal Injury Claims

While accidental and wrongful death claims and personal injury claims are closely related, they represent different legal actions.

An accidental death usually refers to a death caused by unintentional harm.

When this harm rises to a level of negligence or misconduct, it turns into a wrongful death.

In both cases, immediate family members or the decedent’s estate may fight for compensation.

In contrast, a personal injury claim applies when a person is harmed but survives.

When the victim tragically passes away from their injuries, the personal injury case may transition into a wrongful death action.

The legal processes typically begin with filing a complaint in civil court, followed by pre-trial motions, the discovery phase, and possibly a civil trial.

If the initial ruling is contested, the matter may even proceed to appeals.

The three have similar legal timelines, but the stakes and weight are undeniably greater when a death is involved.

Some personal injury lawsuits resolve in months, while others take years to resolve fully.

The legal system is not designed for speed but fairness, thoroughness, and due process.

Hiring a personal injury lawyer helps set realistic expectations.

A Wrongful Death Lawyer Can Help You and Your Family Members Seek Justice

Could this mishap have been prevented?

Was someone else responsible?

How will we make ends meet?

What are our legal rights?

Who can help us?

These are valid, difficult questions in the days, weeks, or even months after a loved one’s unexpected death.

A wrongful death lawyer exists to deliver the answers.

Wrongful death attorneys are a special category of personal injury attorneys who focus on guiding surviving family members through the legal aftermath of a person’s death due to someone else’s carelessness or misconduct.

With their support, you may be able to recover monetary compensation for the following:

• Medical bills related to the deceased person’s final care
• Funeral expenses
• Lost wages or future earning capacity
• Loss of companionship
• Pain and suffering
• Punitive damages

Many states restrict who can file a wrongful death lawsuit, limiting eligible family members to a surviving spouse, surviving parent, children, or the decedent’s estate.

An attorney will explain your rights under your own wrongful death statute, whether in Illinois, Missouri, or elsewhere.

These legal experts pursue justice, empowering individuals to turn pain into purpose.

What an Accidental Death Lawyer Does

Wrongful death claims are incredibly complex, and processing one without legal guidance adds stress.

A wrongful death lawyer is a legal expert and compassionate advocate, and their role extends well beyond filing paperwork.

These professionals take on the burden of building a strong case for you.

Investigating the Incident

Lawyers conduct a detailed investigation into the circumstances surrounding the fatal event, which may include studying police reports, accident reconstructions, workplace safety logs, hospital records, or surveillance footage.

The goal is to get all relevant facts that point to the wrongful act.

Lawyers prove that the defendant owed a duty of care to the deceased.

Identifying Responsible Parties

Some wrongful death cases involve multiple negligent parties.

Attorneys know how to trace accountability through layers of legal responsibility and strive for wrongful death compensation from all eligible sources.

Collecting Evidence

Wrongful death claims rely heavily on evidence.

Attorneys will gather documentation to back every aspect of wrongful death cases, from liability to the value of your losses.

Substantial evidence demonstrates the impact of your loved one’s death.

Filing the Wrongful Death Lawsuit

Lawyers file the wrongful death lawsuit on your behalf.

This step involves preparing legal documents, listing the decedent’s estate or family members as plaintiffs, and outlining the legal basis for the wrongful death case.

Your attorney ensures that everything is filed within the correct statute of limitations, a strict legal deadline for pursuing such a claim.

Missing this window might bar you from seeking justice altogether.

Pursuing a Wrongful Death Settlement or Trial Verdict

Once the wrongful death case is underway, your attorney will negotiate for a wrongful death settlement or prepare for trial, depending on how the defendant responds.

Calculating monetary wrongful death damages requires carefully reviewing both economic losses and emotional trauma.

Your lawyer will work with financial experts and other professionals.

Types of Cases Wrongful Death Attorneys Handle

A wrongful death lawyer takes over a wide variety of fatal accident claims.

While every case is unique, many fall into well-established categories, each with legal complexities and standards of proof.

Learning what types of cases these lawyers handle will help determine if your situation qualifies as a wrongful death claim.

Fatal Car, Truck, or Motorcycle Accidents

One of the most common causes of wrongful death in the U.S. is a motor vehicle accident.

Whether the crash involved a passenger car, a commercial truck, or a motorcycle, accidents caused by speeding, reckless driving, distracted driving, or drunk driving can form the basis of a strong legal claim.

Attorneys representing family members in car accident cases will investigate the crash scene, assess driver behavior, review police reports, and examine vehicle defects or road conditions.

In some situations, they may even explore the possibility of manufacturer liability if defective products contributed to the mishap.

Workplace or Industrial Deaths

When a person dies on the job, especially in high-risk industries like construction, manufacturing, or logistics, surviving family members may be entitled to more than workers’ compensation benefits.

Suppose a third party, such as an equipment manufacturer, subcontractor, or property owner, was responsible; your lawyer can file a wrongful death lawsuit alongside any workers’ compensation claims.

These cases require thoroughly comprehending OSHA violations, workplace safety procedures, and employer negligence.

Medical Malpractice

When medical professionals fail to uphold standards of care, the consequences can be disastrous.

Many wrongful death claims involving medical malpractice may include:

• Surgical errors
• Misdiagnosis or delayed diagnosis
• Prescription mistakes
• Failure to treat a known condition
• Nursing home abuse

Proving medical negligence is challenging, as it demands technical evidence and expert testimony.

An experienced attorney will traverse the legal and medical aspects of the case.

Defective Product Fatalities

When a person dies due to a defective or dangerous product, such as a malfunctioning airbag, toxic medication, or unsafe machinery, the manufacturer, distributor, or retailer may be held liable.

These cases are brought as product liability wrongful death lawsuits under the broader umbrella of wrongful death.

Lawyers must prove that the product was unreasonably life-threatening and that the defect directly caused the decedent’s death.

Premises Liability and Slip-And-Fall Deaths

A person may lose their life to unsafe conditions on someone else’s property.

This case could include fatal slip-and-fall accidents, drownings, fires, or building code violations.

Property owners are legally obligated to keep premises safe for guests and visitors.

When they fall short in that duty and a wrongful death occurs, they must be liable for the losses.

Chemical Exposure

Exposure to toxic chemicals or hazardous substances, especially in workplace settings, leads to illnesses such as cancer, respiratory failure, or organ damage.

These cases often involve manufacturers, employers, or property managers who did not warn or protect workers from long-term exposure.

A wrongful death attorney will examine safety data, health records, and product use to determine liability.

Fatal Drownings or Other Preventable Injuries

Drownings in swimming pools, lakes, or recreational areas may result from negligence in supervision, poor maintenance, or lack of safety measures.

Other examples of preventable injury deaths include daycare abuse, dog attacks, electrical accidents, and elevator malfunctions.

Why Should You File a Wrongful Death Lawsuit?

Filing a wrongful death lawsuit may feel like the last thing a grieving family wants to do.

Many worry it will reopen emotional wounds or drag out an already painful chapter of their lives.

Some also hesitate because they do not want to appear as though they are placing a monetary value on the deceased person’s life.

A wrongful death lawsuit generally ensures you do not bear the consequences alone.

Critical purposes include:

• Holding the Negligent Party Accountable: A wrongful death lawsuit may be the only way to hold someone accountable, especially when criminal charges are not filed or do not result in a conviction. Filing one prevents similar tragedies from happening to others in the future.
• Live to See the Future: The emotional toll of losing a loved one is immeasurable, and the financial impact is very real. If the deceased was the primary earner or caretaker, the household’s stability can quickly unravel; financial compensation eases daily living.
• Creating Space to Grieve and Heal: Filing a wrongful death lawsuit is not setting aside grief but creating a legal structure around it. It gives you the chance to tell your story, find out the truth, and affirm that the deceased person’s life was valuable.

The average wrongful death payout ranges from $500,000 to several million dollars.

Fighting for a payout is never an easy decision, but it is powerful.

The fight sends a message that your loved one mattered, and that you deserve financial support as you move forward.

The Legal Process of Filing a Wrongful Death Lawsuit

A wrongful death lawsuit is a civil lawsuit, which means it is filed by individuals, not the state.

The lawsuit focuses on financial compensation rather than criminal penalties like jail time or fines.

These claims must follow specific legal procedures to be successful.

Steps of the legal process includes:

1. Build the Foundation of the Case
2. Understanding the Legal Requirements
3. Trust an Experienced Wrongful Death Attorney

Step 1: Build the Foundation of the Case

Establish a clear timeline, causation, and financial impact.

The backbone of your lawsuit will include:

• Medical records that document the deceased person’s health before the incident and any emergency or ongoing treatment they received. These records can show how medical professionals responded — or failed to respond — appropriately.
• The death certificate provides an official account of the cause of death. This document confirms whether the death resulted from natural causes or was linked to external, preventable factors.
• Eyewitness statements that offer personal accounts of the events. These can come from bystanders, coworkers, medical staff, or others who witnessed what happened.
• Financial documents that reveal how the death has affected your household economically.
• Funeral and medical bills, which are immediate expenditures you covered after the death.

Organizing this documentation streamlines communication with your attorney and gives your legal team the materials they need to act efficiently.

Step 2: Understanding the Legal Requirements

Every jurisdiction has its own set of rules and deadlines.

One of the most significant factors to learn is the statute of limitations.

In most states, this period ranges from one to three years after the decedent’s death.

The issue of jurisdiction is equally crucial. A lawsuit must be filed in the correct legal jurisdiction, which is typically determined by the location of the incident or the residence of the defendant.

Filing in the wrong jurisdiction can delay proceedings or even result in the case being thrown out.

Step 3: Trust an Experienced Wrongful Death Attorney

Your legal journey starts with a free case evaluation.

During this initial consultation, your attorney will listen to your story, examine the evidence available, and offer a preliminary case assessment.

Ask questions about the process, legal strategy, and what to expect.

Should you decide to proceed, your attorney will construct your case by collecting additional evidence, calculating the wrongful death damages, and more.

Much of this preparation happens during the discovery phase, in which both parties exchange evidence.

Discovery can take months, but it is essential for uncovering the whole picture.

Lawyers will advise whether it is in your best interest to go for a wrongful death settlement or take the case to trial.

TorHoerman Law's Contingency Fee Structure

The idea of hiring a lawyer might feel out of reach, especially when you already have pressing financial concerns after your loved one’s death.

At TorHoerman Law, we believe cost should never stand in the way of justice.

Our firm operates on a contingency fee basis.

In simple terms, you pay nothing upfront.

There are no hourly rates or retainer fees.

Instead, our payment is contingent on the outcome of your case; we only get paid if we recover compensation on your behalf.

This approach ensures that your interests and ours are aligned.

We are fully committed to winning your case because our success depends on it.

The Benefits of the Contingency Fee Structure

If you are unfamiliar with the legal system, you will wonder how much a lawyer charges.

The traditional model, where legal fees accumulate by the hour regardless of outcome, is inaccessible.

Contingency arrangements are the best option in wrongful death cases, where the stakes are high, the legal process can be lengthy, and justice is far too valuable to compromise.

Legal teams invest significant time, resources, and effort, covering the cost of expert witnesses, court filings, investigation, and more.

All of these payments are fronted by your attorney, not you.

For family members stretched thin, this model removes financial risk while guaranteeing you receive high-quality, results-driven representation.

TorHoerman Law offers it not just as a payment option but as a promise.

We promise you can pursue justice without sacrificing your financial security.

Let Us Help You Seek Compensation Through a Wrongful Death Action

TorHoerman Law understands the weight people carry after an accidental or wrongful death.

We are ready to lift the legal burden from your shoulders, allowing you to prioritize your healing, remembrance, and moving forward.

An experienced wrongful death attorney gives you legal representation and space to breathe.

The longer you wait, the more difficult it will be to serve justice.

Preserving your legal rights begins with taking action, ideally as soon as possible after your loved one’s passing.

When your rights are time-sensitive, let our team be your ally in rising above your situation.

Contact TorHoerman Law for a free consultation, and regain your family’s strength and clarity.

You can also use the chatbot on this page to see if you qualify immediately.