8 Wrongful Death Lawsuit Examples

By Matthew Novian | Mar 27, 2025 | Catastrophic Injury

A wrongful death lawsuit is a legal action taken when someone’s negligence or misconduct leads to another person’s death. These cases help families seek justice and financial compensation for their loss, covering medical expenses, lost income, and emotional suffering.

Typically, a wrongful death claim can be filed by immediate family members (a spouse, children, parents), legal dependents or beneficiaries, and the representative of the deceased’s estate. Common types of wrongful death cases include medical malpractice, car accidents, criminal acts, etc. 

If you’ve lost a loved one due to negligence, you may be entitled to compensation. At Novian & Novian, we have catastrophic injury lawyers with over 35 years experience specializing in wrongful death cases and catastrophic injuries in California. Contact us today for a free consultation.

This blog will explain what constitutes a wrongful death lawsuit and provide examples of wrongful death lawsuits. 

What Constitutes a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal claim brought against a person, company, or entity whose negligence or intentional actions caused someone’s death. These lawsuits allow surviving family members to seek compensation for their loss, including medical bills, funeral costs, lost income, and emotional suffering. Wrongful deaths can arise from various circumstances, including car accidents, workplace accidents, and defective products. 

To successfully pursue a wrongful death claim, there are certain elements that must be proven. One of these elements includes duty of care. There has to be proof that the defendant had a legal responsibility to ensure the victim’s safety (e.g., a doctor’s duty to provide proper medical care). Another element is a breach of duty. There must be proof that the defendant failed to uphold their duty of care through negligence or misconduct. 

There should also be proof that there was a breach of duty that directly caused the victim’s death (causation). Furthermore, there should be evidence of damages. This means there should be proof showing that the surviving family members suffered financial and emotional losses due to the death. 

8 Examples of Wrongful Death Lawsuits

Wrongful death lawsuits arise when a person dies due to another party’s negligence, recklessness, or intentional wrongdoing. Wrongful death claims can stem from a wide range of fatal incidents, including medical malpractice, car accidents, workplace accidents, defective products, and even criminal acts. 

Here are some examples:

Wrongful Death From Medical Malpractice

Medical malpractice occurs when medical professionals fail to provide an adequate standard of care, leading to serious injuries or fatal consequences. When a patient’s death results from medical negligence, the surviving family may file a wrongful death lawsuit to hold healthcare providers accountable.

One example of wrongful death due to medical malpractice is the case of pop star Michael Jackson, who died in 2009 from acute Propofol intoxication administered by his personal physician, Dr. Conrad Murray. Murray was found guilty of involuntary manslaughter for his negligent administration of the anesthetic in a non-clinical setting without proper monitoring.

Another example is the death of Maura Gallagher following a cesarean section. In 2017, Maura Gallagher, a 38-year-old woman, died from complications after a Cesarean section at Stamford Hospital. Her family filed a lawsuit alleging negligence and improper management of her preeclampsia. Despite the safe delivery of her twins, Gallagher developed severe complications, including a brain bleed, and was pronounced brain dead four hours post-surgery. The case is set to go to trial on April 2, 2025. ​

A third case is one that our firm handled, which highlights the devastating impact of delayed treatment. The decedent, Suzan, was exhibiting clear signs of a heart attack but was sent home from the emergency room without proper care. The failure to treat the condition in time resulted in the patient’s death. The lawsuit proved that the medical negligence directly contributed to the fatal outcome, and the hospital was held liable for the wrongful death.

Wrongful Death in the Workplace

Workplace accidents are a leading cause of wrongful death lawsuits, particularly in high-risk industries such as construction and manufacturing. These cases often involve employer negligence, lack of safety regulations, or defective equipment that leads to fatal injuries.

One tragic example is the Hamlet Chicken Processing Plant Fire. In 1991, a fire at the Imperial Food Products plant in Hamlet, North Carolina, resulted in 25 deaths. Investigations revealed that exit doors were locked, trapping workers inside. The plant’s owner pleaded guilty to involuntary manslaughter, and the company faced multiple wrongful death lawsuits. ​

Another case is that of John Barnett, a former Boeing quality manager who committed suicide in 2024. His family filed a wrongful death lawsuit against Boeing, alleging that harassment and intimidation following his whistleblowing on safety lapses led to his deteriorating mental health and eventual death.

Wrongful Death in a Car Accident

Car accidents are among the most common types of wrongful death cases, with many occurring due to driver negligence, reckless behavior, or defective vehicle parts. Families of victims often file wrongful death lawsuits to seek compensation for funeral expenses, medical bills, and lost income.

In a New York case, a 31-year-old man was tragically killed as a passenger in a car that collided with another vehicle at a Brooklyn intersection. Both drivers also died as a result of the crash. The decedent’s wife filed a wrongful death lawsuit against the estates of the drivers and the City of New York, alleging failure to maintain safe road conditions. The case resulted in a $2,558,000 settlement for the victim’s family.

Negligent or reckless driving is also a leading cause of wrongful death lawsuits. In one of our cases, a distracted driver ran a red light, striking a pedestrian, who sadly died on impact. We helped the family file a lawsuit that established that the driver’s reckless behavior was the direct cause of the wrongful death, leading to a settlement for the victim’s family. 

Wrongful Death From Defective Products

Defective products, including medical devices, household items, and pharmaceuticals, can cause fatal injuries, leading to wrongful death lawsuits against manufacturers, distributors, and retailers.

One such case is that of Vali v. Juul Labs, Inc. In 2019, Lisa Vail filed a wrongful death lawsuit against Juul Labs, alleging that her 18-year-old son’s death was due to his addiction to Juul’s e-cigarettes. The lawsuit claimed that Juul’s marketing tactics targeted youth, leading to nicotine addiction and subsequent health issues. ​

Medical device failures are another common cause of wrongful death. In one case brought to us, a defective pacemaker malfunctioned, leading to a patient’s death. We filed a wrongful death action against the medical device company, which resulted in a significant settlement for the grieving family.

Criminal Acts Leading to Wrongful Death

Wrongful death lawsuits can also stem from criminal acts such as homicide, assault, or negligent security. These cases often proceed in civil court, separate from any criminal trial.

One example involves a homicide case where the victim’s family came to our firm to file a wrongful death lawsuit against the perpetrator. Even though the defendant was acquitted in criminal court, the civil lawsuit resulted in financial compensation for the victim’s loved ones.

Wrongful Death in Nursing Home Care

Nursing home negligence can result in serious injuries and even death. Families may file wrongful death lawsuits against facilities that fail to provide proper care.

For example, in September 2024, 71-year-old Elin Etienne, a dementia patient, was found dead in a closet at North Dade Nursing and Rehabilitation Center in Florida, eleven days after he went missing. The autopsy revealed no signs of trauma or foul play, but the cause of death was listed as “undetermined.” Due to the unanswered questions and concerns about the facility’s negligence, the family is currently considering a wrongful death lawsuit. In the meantime, they are going through a legal pre-suit process.

In another case that happened in 2024, Centers Health Care and its owners agreed to a $45 million settlement with New York State after being accused of stealing government funds and neglecting patient care at their nursing home facilities. The lawsuit alleged that the diversion of funds led to severe neglect, mistreatment, and numerous deaths, including those related to inadequate COVID-19 protocols.

Medication errors are also a significant cause of wrongful death in nursing homes. In one case we handled, the decedent received the wrong dosage of medication, leading to fatal consequences. The facility was held liable for the patient’s death.

Wrongful Death From a Pedestrian Accident

Pedestrian accidents often lead to wrongful death lawsuits when a driver’s negligence results in a fatal collision. One case our attorneys handled involved a driver who failed to yield at a crosswalk, striking a pedestrian. The lawsuit proved that the driver was speeding and distracted at the time of the accident, leading to a wrongful death settlement for the victim’s family.

Wrongful Death from a Dog Attack

Dog attacks can be fatal, especially when the owner fails to control a dangerous animal. In one case, an Ohio grandmother, JoAnn Echelbarger, was tragically mauled to death by her neighbors’ two pit bulls, which had ingested cocaine. The dogs’ owners were found guilty of involuntary manslaughter, and Echelbarger’s family filed a wrongful death lawsuit against them, the town dog warden, and the condo complex where the owners resided. ​

What Are the Odds of Winning a Wrongful Death Lawsuit?

The chances of winning a wrongful death lawsuit depend on several factors, including the strength of the evidence, the ability to establish liability, the defenses raised by the defendant, and the legal representation of the plaintiffs. While many wrongful death cases result in settlements, others proceed to civil court, where the outcome depends on the ability to prove fault and damages.

The success of a wrongful death lawsuit heavily relies on the evidence presented. Plaintiffs must provide solid documentation, such as medical records, accident reports, witness testimonies, and expert opinions, to establish the cause of death and the extent of damages. For example, in medical malpractice cases, medical professionals’ records can reveal surgical errors, medication mistakes, or misdiagnoses that led to a patient’s death. In motor vehicle accidents, crash reports and forensic analysis can demonstrate how driver negligence, such as distracted driving or reckless behavior, caused the fatal accident. Strong evidence strengthens the claim and increases the likelihood of securing compensation.

To win a wrongful death lawsuit, the plaintiff must prove that the defendant’s negligence or misconduct directly caused the deceased person’s death. This involves demonstrating that the defendant had a duty of care, breached that duty, and that the breach resulted in a fatal injury. For example, in premises liability accidents, property owners may be held liable if hazardous conditions on their property led to a deadly fall accident. Similarly, in workplace accidents, an employer may be found responsible if safety regulations were ignored, leading to fatal injuries. The clearer the liability, the stronger the case in civil court.

One common defense in wrongful death lawsuits is comparative negligence, where the defendant argues that the deceased person was partially responsible for the accident. For instance, in motorcycle accidents, the defense might claim that the rider was speeding or not wearing a helmet, reducing the defendant’s liability. In medical malpractice cases, doctors may argue that the patient had a pre-existing terminal illness that contributed to their death. Overcoming these defenses requires a strategic legal approach and compelling evidence.

Hiring an experienced wrongful death attorney significantly improves the chances of winning a case. A skilled attorney understands the complexities of wrongful death actions, knows how to gather and present evidence, and can counter the defendant’s arguments effectively. They also help surviving family members navigate the legal process, from filing a lawsuit to negotiating wrongful death settlements. Without legal representation, plaintiffs may struggle to prove their case, leading to reduced compensation or even case dismissal. Seeking justice through a knowledgeable attorney ensures that the family’s rights are protected.

How Do You Win a Wrongful Death Lawsuit?

The foundation of a successful wrongful death lawsuit is thorough evidence collection. It is important for you to gather strong evidence to prove your case. This includes obtaining medical records, accident scene photos, surveillance footage, expert testimony, and financial documentation to calculate lost income and funeral expenses. The more evidence available, the stronger the case for compensation.

You will also need to establish liability. Establishing liability requires demonstrating how the defendant’s wrongful act led to the deceased person’s death. In car accidents, driver negligence, such as DUI or reckless driving, must be proven. In defective product cases, expert testimony may be needed to show how a faulty medical device or dangerous drug caused fatal injuries.

It is also helpful to understand the statute of limitations. Wrongful death claims must be filed within a specific timeframe, known as the statute of limitations. The timeline for a personal injury case varies by state, and missing the deadline can result in the case being dismissed. However, working with a wrongful death attorney ensures that all legal deadlines are met.

An experienced wrongful death attorney guides the case from start to finish, ensuring that all legal strategies are effectively executed. They can negotiate settlements, counter legal defenses, and represent the family in civil court if necessary. Seeking legal representation is one of the most critical steps in winning a wrongful death lawsuit.

How Much Do Wrongful Death Settlements Typically Amount to?

Wrongful death settlements can vary significantly, with amounts ranging from tens of thousands to millions of dollars. The final settlement depends on multiple factors, including the circumstances of the fatal injury, the extent of financial and emotional losses suffered by the surviving family members, and the ability to prove liability in civil court. 

While some cases, such as those involving minor premises liability accidents, may result in lower compensation, others, like medical malpractice cases or motor vehicle accidents with clear negligence, may lead to substantial payouts. Each case is unique, and the amount awarded depends on the specific damages sustained by the deceased person’s family.

In a wrongful death lawsuit, compensation typically includes both economic and non-economic damages. Economic damages cover measurable financial losses suffered by the surviving family. These include medical expenses incurred before the deceased person’s death, funeral and burial costs, and lost wages that the individual would have earned over their lifetime. For example, in workplace accidents where an employee suffers fatal injuries, the employer or their insurance company may be required to compensate the family for lost future income, particularly if the deceased was the primary provider.

On the other hand, non-economic damages compensate for the emotional and psychological toll of losing a loved one. These damages include pain and suffering, emotional distress, and loss of companionship. The loss of parental guidance for children or the absence of spousal support can significantly impact the final settlement amount. In many wrongful death cases, courts recognize the deep emotional and psychological trauma that family members endure, which can result in substantial non-economic compensation.

In some cases, punitive damages may also be awarded, particularly when the wrongful act was intentional or involved extreme negligence. For example, in cases of criminal trial convictions where a person dies due to police brutality or intentional harm, the court may order the defendant to pay additional compensation as a form of punishment.

Wrongful death settlements vary based on multiple factors, including the nature of the case, the strength of the evidence, and the damages suffered by the surviving family members. While no financial compensation can truly replace a lost loved one, these settlements help families cover medical bills, funeral expenses, and lost income while also providing some measure of justice.

Secure Fair Compensation After a Wrongful Death Case

Losing a loved one due to someone else’s negligence is a devastating experience, and wrongful death cases serve as a way for surviving family members to seek justice and financial compensation. In this blog, we have shared real-life examples of wrongful death lawsuits, ranging from medical malpractice and workplace accidents to defective products and car crashes. These real-life cases demonstrate the importance of holding responsible parties accountable and ensuring that families receive the compensation they deserve.

If you have lost a family member due to another party’s negligence, seeking legal guidance is essential. An experienced wrongful death attorney can assess your case, explain your legal options, and fight for the maximum compensation you are entitled to. 

At Novian & Novian, we are ready to give you the legal assistance necessary to secure justice for your loved one. Our catastrophic injury lawyers are dedicated to helping families recover compensation after a wrongful death. Schedule a free consultation with us today!