Losing someone you love is heartbreaking. When their death was caused by another person’s carelessness or reckless actions, the pain often comes with anger and confusion. Many families find themselves asking the same question: what can we do now?
This is where a wrongful death lawsuit comes in.
A wrongful death lawsuit allows surviving family members to seek justice and financial recovery when someone’s negligence or misconduct caused the death of their loved one. It is not only about money. It is about accountability. It is about giving families the chance to move forward while honoring the life that was lost.
If you are here, you may be wondering: what is a wrongful death lawsuit? Who can sue for wrongful death? Are wrongful death settlements taxable? These are important questions, and the answers can directly impact your family’s future.
In this article, we break it all down in simple, clear terms. You will learn the basics of wrongful death claims, how courts decide who is eligible to file, what kinds of damages are available, and how wrongful death attorneys near you can help. By the end, you will have a solid understanding of your rights and the next steps you can take.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought when a person dies because of the negligence, recklessness, or intentional act of another party. It is different from a criminal case. While criminal charges may punish the responsible party with jail time or fines, a wrongful death lawsuit focuses on compensating the surviving family members.
Examples of wrongful death cases include:
- A driver running a red light and causing a fatal car crash.
- A doctor making a serious medical error that leads to a patient’s death.
- A defective product malfunctioning and causing a fatal accident.
- Unsafe working conditions leading to a worker’s death.
The core idea is simple. If the victim would have been able to file a personal injury lawsuit had they survived, then their family or estate may have the right to file a wrongful death lawsuit.
Each state has its own laws on how wrongful death claims work, including who can bring the lawsuit and what deadlines apply. That is why it is critical to speak with an experienced wrongful death attorney who understands your state’s rules.
Are Wrongful Death Settlements Taxable?
This is a common question. The good news is that in most cases, wrongful death settlements are not taxable under federal law. According to the IRS, compensation you receive for physical injury or sickness, including wrongful death, is excluded from taxable income.
However, there are exceptions. For example:
- If a portion of the settlement includes punitive damages (meant to punish the wrongdoer rather than compensate the family), that portion may be taxable.
- If the settlement includes interest earned on the award, the interest is generally taxable.
It is always a smart idea to consult with both a wrongful death attorney and a tax professional so you understand exactly what applies in your case. This ensures you do not face any unexpected financial surprises after your settlement.
Who Can Sue For Wrongful Death?
Not everyone can file a wrongful death lawsuit. Each state has its own rules that define exactly who has the legal right to bring a claim. This can be confusing for families who are already facing grief, and making a mistake could cost you the ability to hold the responsible party accountable.
In most states, the following parties may file:
- Spouse – Surviving husbands or wives usually have the first right to file.
- Children – Both minor and adult children may be able to file if there is no surviving spouse.
- Parents – If the deceased was unmarried and without children, surviving parents often have the right to sue.
- Other relatives or dependents – Some states allow siblings, grandparents, or financial dependents to file in limited situations.
- Estate representative – In many states, the executor or personal representative of the estate brings the lawsuit on behalf of the family.
This list may look simple, but the reality is often more complicated. Multiple family members may want to file, or there may be disputes about who qualifies. In some cases, a court must decide how damages are divided among surviving relatives. These issues can quickly cause tension at a time when families should be focused on healing.
That is where Pacin Levine, P.A., adds real value. We step in to:
- Clarify your eligibility: We review your situation under state law so you know with certainty whether you can file.
- Prevent costly mistakes: Filing incorrectly or too late can jeopardize your entire claim. We make sure the right party files on time.
- Resolve family disputes: Our attorneys help manage situations where multiple relatives may have a claim, guiding families through tough conversations with professionalism and sensitivity.
- Maximize recovery for everyone involved: By handling the legal complexities, we ensure your family receives the full compensation the law allows.
Since wrongful death laws vary widely across states, having an experienced team that knows how to navigate these rules is critical. At Pacin Levine, we protect your rights from day one, so you can focus on honoring your loved one while we focus on holding the responsible party accountable.
How Will Wrongful Death Attorneys Near Me Can Help Me Navigate a Claim?
Searching “wrongful death attorneys near me” can feel overwhelming, especially when you are already coping with grief. At Pacin Levine, P.A., we know this is one of the hardest moments your family will ever face. That is why we do more than handle paperwork. We fight. We protect your family’s rights, and we do not back down when powerful insurance companies or corporations try to stand in the way of justice.
Here is how our team goes to work for you:
- Relentlessly investigating the case: We dig deep, gathering every piece of evidence, interviewing witnesses, and bringing in experts to prove fault. We build cases designed to withstand even the toughest opposition.
- Filing your lawsuit on time and with force: Every state has strict deadlines. We do not let them be used against you. We move fast and strategically so your case is always one step ahead.
- Pursuing maximum damages: We calculate every loss—economic and emotional—so nothing is left off the table. We fight for every dollar your family deserves.
- Taking on insurance companies head-on: Insurers are known for lowball offers. We know their tactics, and we push back hard. If they will not play fair, we call them out and demand accountability.
- Prepared to go to trial: Many firms shy away from court. We do not. If the other side refuses to settle fairly, we are ready to stand in front of a jury and fight for your loved one’s memory.
At Pacin Levine, P.A., we are not just your attorneys—we are your advocates and your shield during one of the most difficult times of your life. Since 2013, we have fought for thousands of clients and won. We combine compassion for your family with an aggressive approach against those who caused your pain. When you choose us, you get a team that never backs down.
Damages You May Be Able to Recover in a Wrongful Death Case
A wrongful death lawsuit sometimes allows families to recover both financial and emotional losses caused by their loved one’s death. Courts typically separate damages into two main categories: economic damages and non-economic damages.
- Economic damages (lost income, funeral costs, medical bills)
Economic damages cover the direct financial impact of losing your loved one. These may include:
- Lost income and benefits the deceased would have earned if they had lived. This is especially critical for families who relied on the victim’s salary.
- Medical bills for care provided before the person passed away.
- Funeral and burial costs, which can place a sudden burden on families.
Attorneys often work with financial experts to calculate these damages accurately. The goal is to make sure families do not suffer financially on top of their emotional loss.
- Non-economic damages (pain and suffering, loss of companionship)
Non-economic damages are more difficult to quantify, but they are just as important. They recognize the emotional and personal impact of losing a loved one. These include:
- Pain and suffering endured by the victim before death.
- Loss of companionship and guidance for surviving spouses, children, or parents.
- Emotional distress experienced by family members after the loss.
While no amount of money can replace the love and presence of a family member, these damages acknowledge the very real human cost of wrongful death.
Speak with an Experienced Wrongful Death Attorney at Pacin Levine Today
At Pacin Levine, P.A., we understand how devastating it is to lose someone you love because of another’s negligence. Since 2013, our firm has represented thousands of clients in wrongful death and personal injury cases. We combine legal skill with compassion because we know families need both during this difficult time.
Our team will listen to your story, explain your options, and guide you every step of the way. Whether it is negotiating a fair settlement or standing up for you in court, we fight to get the justice and compensation your family deserves.
If you still have questions about who can sue for wrongful death, what a wrongful death lawsuit is, or whether wrongful death settlements are taxable, do not wait. Call us today at 1-800-24-7-CRASH for a free case review. Let us help you take the next step toward healing and accountability.
