Steps in a Wrongful Death Lawsuit | Complete Guide

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil legal action filed when a person’s life is lost because of another party’s negligence, recklessness, or intentional misconduct.

A wrongful death case are not a criminal case because the purpose isn’t to send someone to jail.

Rather, a wrongful death claim or lawsuit seeks accountability and financial compensation for the surviving family members or the estate of the deceased.

At its core, a wrongful death claim gives families a way to pursue justice when preventable mistakes, unsafe actions, or failures in care take someone’s life.

The law recognizes that behind every fatal incident is a family left to face emotional pain, financial strain, and unanswered questions, and that those losses deserve to be acknowledged and addressed.

Common Situations That Lead to Wrongful Death Claims

Every case is unique. However, certain scenarios appear frequently in wrongful death lawsuits.

You may have a claim if your loved one died due to:

• Negligent driving: Car, truck, or motorcycle collisions caused by speeding, distracted driving, or impaired drivers are among the most common causes of wrongful deaths in Illinois and Missouri.
• Medical malpractice or unsafe medical care: When a healthcare provider fails to follow accepted standards of care (such as misdiagnosing a condition, performing a surgical error, or providing improper medication), a wrongful death claim may arise under medical malpractice laws.
• Nursing home neglect or abuse: Inadequate staffing, ignored medical needs, or physical abuse in long-term care facilities can lead to fatal injuries or illnesses. Families may have a nursing home abuse or neglect case against the facility or parent company for failing to protect residents.
• Defective or dangerous products: Manufacturers, distributors, or retailers can be held liable if a design flaw, manufacturing error, or lack of safety warnings leads to a fatal accident.
• Workplace or construction accidents: Employers and third-party contractors have a duty to maintain safe working conditions. Failure to do so can result in a wrongful death claim for workplace hazards.
• Unsafe property conditions: Landlords, property owners, or businesses that fail to fix hazards such as broken railings, fire code violations, or unsafe security can be held accountable when those conditions lead to a fatal incident.

Civil Accountability, Not Criminal Punishment

A wrongful death lawsuit is separate from any criminal case that might also result from a person’s death.

For example, if a drunk driver causes a fatal crash, prosecutors may file criminal charges for vehicular homicide.

Separately, the victim’s family can pursue a civil wrongful death claim to recover compensation for economic and emotional losses.

The criminal and civil cases are distinct.

One seeks punishment, the other seeks justice and financial relief.

Criminal charges also require you to prove fault beyond a reasonable doubt, but when you file a civil wrongful death lawsuit, all you (and your attorney) need to prove is that the defendant breached the duty of care, which is a much lower bar compared to what you need to prove in a criminal case.

Who Can File a Wrongful Death Lawsuit?

Every state sets its own rules for who has the legal right to file.

• In Illinois, only the personal representative of the deceased’s estate (often a spouse, adult child, or parent) files the lawsuit on behalf of surviving beneficiaries.
• In Missouri, surviving spouses, children, parents, or siblings may have the right to file directly, depending on family relationships and class priority under state law.

Because these eligibility rules can be complex, you need a wrongful death attorney early to determine who should file and ensure no deadlines are missed.

Statutes of Limitations: The Importance of Filing a Wrongful Death Action (As Soon as You're Ready)

It’s understandable that you need time to grieve, but once you’re ready to take action, speak to a wrongful death attorney ASAP.

There’s a time limit to how long you’re eligible to file a claim.

These time limits are called statutes of limitations.

Past the statute of limitations, you’ll no longer be able to file your wrongful death claim or lawsuit.

As with who can file wrongful death cases, there are different rules for each state. For example, you’ll generally have two years from the year of your loved one’s death to take legal action.

Meanwhile, you have three years following the death of your loved one if the wrongful death took place in Missouri.

Do You Have a Valid Claim? Four Things You Need To Prove

A wrongful death lawsuit is a civil claim, and as with any civil claim, you need to establish certain legal elements before you pursue compensation.

The four things you must prove to ensure that you have a right to file a legal claim are:

1. Duty of care
2. Breach of duty
3. Causation
4. Damages

Duty of Care

The law requires certain people or entities to act with reasonable care to prevent harm to others.

This obligation is called a duty of care — responsibilities that other people and institutions have to ensure no harm occurs.

For example, drivers need to obey traffic laws, and nursing homes must have proper safety procedures and health protocols.

Your attorney begins by identifying what duty applied and which safety rules or professional standards were expected in that specific situation.

Breach of Duty

A wrongful death case must then show that the duty was broken.

A breach happens when someone fails to act as a reasonably careful person or professional would.

For example, a driver who speeds through an intersection, a facility that ignores fall hazards, or a hospital that overlooks a patient’s worsening symptoms each violates a duty of care.

To prove the breach, your lawyer collects evidence such as witness accounts, maintenance records, photos, and expert reports.

These details clarify exactly how the responsible party failed to meet their obligation.

Causation

Once a breach is clear, the next step is connecting that failure to the death itself.

This link is called causation.

Your attorney must show that the fatal outcome resulted from the negligent act and would not have occurred otherwise.

In complex cases involving medicine, engineering, or product design, experts often play an important role.

A medical specialist might explain how an error in treatment led to organ failure.

An engineer could show how a defective safety component caused a fatal malfunction.

Strong, direct evidence makes it harder for the defense to claim that something else was to blame.

Damages

The final element is proving the losses your family suffered.

These damages represent both financial and emotional harm.

They include funeral expenses, medical bills, lost income, and the loss of companionship, guidance, and emotional support that your loved one provided.

Attorneys often work with economists and other specialists to calculate these losses and present a complete picture of how the death has affected your life and future stability.

How the Elements Work Together

Each of these elements builds upon the next.

The duty creates responsibility, the breach shows that responsibility was ignored, causation links the wrongful act to the death, and damages show the real human cost.

When your attorney establishes all four, your family has the foundation needed to pursue justice through a wrongful death claim.

Step-by-Step: How a Wrongful Death Lawsuit Works

When you have lost someone because of another person’s carelessness, the idea of “filing a lawsuit” can feel overwhelming.

The legal process might sound complicated, but it follows a clear series of steps.

Knowing what happens at each stage can make it easier to decide whether to move forward and what to expect if you do.

Step 1: Consultation and Case Evaluation

Everything begins with a conversation.

You meet with a wrongful death attorney to discuss what happened, who was involved, and how your family has been affected.

This first meeting is free with TorHoerman Law.

You can ask questions, share documents, and learn whether you may have a valid claim.

The attorney reviews facts such as police reports, medical records, and insurance information, then explains your options in plain language.

Step 2: Investigation and Evidence Gathering

Once you decide to proceed, your lawyer starts investigating.

They gather evidence that supports your claim: photos, medical charts, witness statements, and expert opinions.

In cases involving vehicles, lawyers may obtain black-box data or accident-reconstruction reports.

In healthcare cases, they may consult independent medical experts.

This stage is about collecting everything needed to show what went wrong and who is responsible.

Step 3: Identifying Who Is Legally Responsible

Many families assume there is only one person to blame, but responsibility can be shared among several parties.

A trucking company might be liable for unsafe maintenance, a hospital for hiring unqualified staff, or a manufacturer for releasing a defective product.

Your attorney identifies every possible source of accountability so that no one who contributed to the death is left out of the case.

Step 4: Preparing and Filing the Complaint

After the investigation, your lawyer drafts a formal legal document called a complaint.

This filing outlines what happened, who is being sued, and what compensation you are seeking. Once it is submitted to the court, the lawsuit officially begins.

In Illinois and Missouri, most families must file within two to three years of the death.

Filing within these deadlines preserves your right to recover compensation.

Step 5: Serving the Defendants

Each defendant must be formally notified that a lawsuit has been filed.

This process is called service of process.

It ensures that the other side knows about the case and has a chance to respond.

Your attorney arranges for proper service and keeps track of every filing so that the case stays on schedule.

Step 6: Discovery

Discovery is the stage where both sides exchange information.

You might hear about interrogatories (written questions), document requests, and depositions (recorded interviews).

Although it can take time, discovery allows each party to see the evidence the other plans to use.

Your attorney guides you through this process, prepares you for any questioning, and protects your rights at every step.

Step 7: Settlement Negotiations

Most wrongful death cases end in a settlement before trial.

Your lawyer negotiates with the other side’s attorneys or insurance representatives to reach an agreement that fairly compensates your family.

If an acceptable offer is made, the case can be resolved without going to court. You always have the final say on whether to accept a settlement.

Step 8: Mediation and Pre-Trial Motions

If negotiations stall, the court may order mediation.

This is a meeting with a neutral third party who helps both sides look for common ground.

Around the same time, each side may file motions asking the judge to rule on certain legal issues before trial.

Your attorney handles these proceedings and keeps you informed of all developments.

Step 9: Trial

If settlement efforts do not succeed, the case moves to trial.

A judge or jury listens to evidence, hears witness testimony, and decides whether the defendants are legally responsible.

Trials can last from a few days to several weeks, depending on the complexity of the case.

Throughout the process, your attorney presents evidence clearly, cross-examines witnesses, and advocates for the full value of your losses.

Step 10: After the Verdict

If your family wins at trial, the court issues a verdict and awards compensation.

The defendants may choose to appeal, which can extend the process.

Your attorney helps you understand each option, including enforcing the judgment or negotiating payment terms.

Even after the case concludes, most firms continue to provide guidance to ensure your family receives the compensation awarded.

"How Much Can I Get for a Wrongful Death Claim?"

This is one of the most common questions we get during our free consultations.

Wrongful death lawsuit settlements can vary from case to case.

Your wrongful death lawyer will help calculate damages in order to seek compensation that accurately reflects the harm your family has endured.

Economic Damages

Economic damages represent the financial impact of someone’s death.

These are the tangible costs that can be calculated with records and documentation related to the decedent’s death.

Economic damages often sought by a decedent’s estate and family:

• Medical expenses related to the treatment your loved one received before passing.
• Funeral and burial expenses, including services, transportation, and related arrangements.
• Lost financial support and benefits that your loved one would have earned had they lived, such as lost wages, retirement contributions, or health coverage.
• Loss of household contributions, such as childcare, caregiving, or other unpaid work that supported the family.

Your attorney works with financial experts to calculate these numbers accurately. They review employment records, tax documents, and life expectancy tables to estimate the total financial effect of the death on your household.

Non-Economic Damages

While financial costs can be measured, families often have a difficult time quantifying emotional and personal losses in numbers.

These are called non-economic damages, and they acknowledge the human side of what your family has lost.

Examples of non-economic damages include:

• The loss of companionship and guidance that your loved one provided.
• The emotional pain, grief, and suffering experienced by surviving family members.
• The loss of care and support that can no longer be shared within the household.

Courts and juries rely on testimony and evidence to understand the depth of these losses.

Family members may speak about their loved one’s role in their lives, the impact on children, or the emotional changes that followed the death.

These details help show that a wrongful death is not only a financial loss but also a deeply personal one, and such a claim can help families move forward with financial stability and peace of mind.

Punitive Damages

In rare situations, a court may also award punitive damages.

These are not meant to compensate for loss but to punish extremely reckless or intentional behavior and discourage others from doing the same.

Punitive damages are sometimes awarded in cases involving drunk driving, gross medical negligence, or deliberate corporate misconduct.

A few states cap punitive damages, so it’s important to ask your lawyer about the viability of including punitive damages in your wrongful death lawsuit.

How Attorneys Prove Damages

Proving damages involves gathering evidence that reflects every part of your family’s loss.

Attorneys often:

• Collect bills, receipts, and pay records to document costs and lost earnings.
• Work with economists and vocational experts to estimate long-term financial impact.
• Use witness statements, photographs, and letters to illustrate personal relationships and emotional harm.

Each piece of evidence builds a fuller picture of your family’s experience and helps ensure the compensation reflects the reality of what you’ve endured.

Why Accurate Valuation Matters

Wrongful death compensation is not about assigning a price to a life.

It is about protecting the family’s future and ensuring accountability for the harm done.

A well-prepared damages claim allows you to cover costs, replace lost income, and maintain security while you heal.

It also sends a message that negligence and liability have consequences and that your loved one’s life mattered.

The Role of a Wrongful Death Lawyer in Your Claim

In the middle of grief, dealing with paperwork, insurance companies, and legal terms can feel like too much to handle.

A wrongful death attorney helps take that weight off your shoulders so you can focus on healing and your family’s needs.

Guiding You Through Every Step

From the first consultation to the final resolution, your attorney serves as both your advocate and your guide.

They explain what each stage of the process means, keep you informed of upcoming deadlines, and handle all communication with the court and the other side’s lawyers.

Having someone experienced in your corner makes a complicated process feel more manageable.

Preserving Evidence and Building a Strong Case

Evidence can fade or be lost quickly.

A lawyer moves fast to secure important records such as medical charts, accident reports, or surveillance footage.

They also work with investigators and experts who can reconstruct events and testify about what went wrong.

The goal is to build a clear and persuasive case that shows how negligence caused the loss of your loved one.

Protecting You From Insurance and Defense Tactics

Insurance companies often aim to minimize payouts.

They might ask survivors of the deceased person for statements, pressure families to accept low offers, or delay communication.

Your attorney shields you from these tactics by handling every exchange and negotiating on your behalf.

They know how to respond to insurers and defense lawyers, ensuring that your rights and your claim’s value are fully protected.

Coordinating Expert Testimony

Many wrongful death cases rely on expert insight to explain complex details.

Your attorney brings in professionals such as doctors, engineers, or economists who can provide credible opinions about what caused the death and what the losses truly amount to.

These experts strengthen your case and help the court or jury understand the full impact of the tragedy.

Helping You Meet Legal Deadlines

Wrongful death claims are subject to strict time limits.

Missing a filing deadline can end a case before it begins.

A lawyer keeps track of every requirement, files documents on time, and ensures that your family’s case stays active within the statute of limitations.

Providing Emotional and Practical Support

Legal representation is about more than paperwork and arguments in court.

It is about compassion and trust.

A good attorney listens, answers your questions honestly, and gives you realistic expectations about what comes next.

They stand beside you throughout the process, making sure you never feel like you are facing it alone.

TorHoerman Law: Experienced Wrongful Death Attorneys

At TorHoerman Law, we understand that no amount of compensation can replace the loss of a loved one.

What we can do is help your family find answers, accountability, and a sense of justice through the legal process.

Our wrongful death attorneys bring decades of experience representing families who have lost someone due to negligence in hospitals, nursing homes, workplaces, and other environments where care should have been a priority.

We handle every step of the case, from investigation to negotiation to trial, so you can focus on healing while we focus on results.

Our legal team works closely with medical experts, financial specialists, and investigators to uncover the truth and secure maximum compensation for your loss.

Whether the case involves elder abuse, medical malpractice, or another form of negligence, we approach every claim with compassion and determination.

At a time when you need both clarity and support, our firm provides the guidance and representation you deserve.

You don’t have to face this process alone.

We are here to help your family pursue justice and closure.

Contact TorHoerman Law today for a free consultation to discuss your wrongful death case.

Let our experienced attorneys stand by your side and help you take the next step toward holding the responsible party accountable.