A Guide To The Types Of Wrongful Death Claims

October 31, 2025

Losing a loved one due to another person’s negligence leaves families grappling with grief, confusion, and financial uncertainty. Understanding the types of wrongful death claims helps families navigate the legal process and seek justice.

Wrongful death cases arise when a death is caused by the negligent, reckless, or intentional acts of another. The law allows surviving family members to hold responsible parties accountable and recover compensation for their loss.

This guide explores the types of wrongful death cases, what they involve, and the damages families may claim.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed by family members or estate representatives after someone dies due to another’s negligence or misconduct. Unlike criminal cases, which punish the defendant, wrongful death actions seek compensation for financial and emotional losses.

The claims can cover economic damages such as lost income, medical bills, and funeral expenses, as well as non-economic damages for grief, emotional suffering, and loss of companionship.

Common Types Of Wrongful Death Claims

Families can pursue types of wrongful death claims in many scenarios. Each case requires proof that the defendant had a duty of care, breached that duty, and directly caused the fatal injury.

• Car Accidents

Car accidents are among the most frequent causes of wrongful death. Negligent drivers, speeding, distracted driving, or driving under the influence can lead to fatalities. Road defects and poorly maintained traffic infrastructure may also contribute. Families affected by car accident deaths can pursue claims to recover lost income, funeral costs, and emotional damages.

Example: A drunk driver struck a hotel cabana, killing a pregnant woman and her unborn child. The widower pursued a wrongful death claim for compensation, highlighting the driver’s negligence.

• Truck Accidents

Semi-truck accidents often cause severe or fatal injuries due to the size and weight of the vehicles involved. Common causes include driver fatigue, improper load management, mechanical failures, and trucking company negligence.

Example: A semi-truck lost control on a highway construction site, killing two young adults. Families filed wrongful death claims against the trucking company and driver for failing to maintain safe operating conditions.

• Motorcycle Accidents

Motorcyclists are particularly vulnerable in traffic accidents. Riders may suffer fatal head injuries, traumatic brain injuries, or other catastrophic harm, even with helmets. Negligent drivers, road hazards, or improper lane changes frequently contribute to fatalities.

Example: A distracted rideshare driver collided with a motorcycle, killing a passenger. The family pursued a wrongful death claim to recover medical expenses and lost companionship damages.

• Medical Malpractice

Medical malpractice cases fall under wrongful death when a healthcare provider’s negligence results in death. These cases require proving that the provider violated the standard of care and that the violation directly caused the fatal injury. Common examples include birth injuries, misdiagnoses, surgical errors, and pharmaceutical mistakes.

Example: A delayed diagnosis led to a patient’s death. The family filed a wrongful death lawsuit against the hospital and attending physicians to seek compensation for medical expenses and emotional suffering.

• Defective Products

When a defective product causes death, manufacturers and distributors may be held liable. Defective medical devices, pharmaceuticals, automotive components, and children’s products often form the basis of such claims.

Example: A toddler was killed when a dresser tipped over due to design flaws. The family pursued a wrongful death case against the manufacturer for compensation related to the child’s death.

• Workplace Accidents

Employers have a duty to maintain a safe work environment. Fatal workplace injuries may occur due to improper training, unsafe equipment, or failure to follow safety regulations. Workers’ compensation may cover part of the loss, but families can still pursue a wrongful death lawsuit for additional damages.

Example: A construction worker died from unsafe machinery operations. The widow sued the company for wrongful death, citing inadequate safety measures and poor supervision.

• Pedestrian and Bicycle Accidents

Pedestrians and cyclists are particularly at risk on busy streets. Driver negligence, poor visibility, and inadequate infrastructure contribute to fatalities. Families may file wrongful death claims against negligent drivers or municipalities responsible for road safety.

Example: A young child selling flowers was struck by a driver test-driving a car. The family filed a wrongful death lawsuit against the dealership to hold them accountable for supervision failures.

• Aviation Accidents

Although rare, aviation accidents can result in multiple fatalities. Causes often include pilot error, mechanical failure, or inadequate maintenance. Families may pursue claims against airlines, maintenance contractors, or manufacturers.

Example: A civilian pilot died in a military jet crash. The widow filed a wrongful death claim against the contractor responsible for maintaining the aircraft, citing improper hydraulic system maintenance.

• Swimming Pool Accidents

Swimming pool accidents, particularly drownings, are a leading cause of wrongful death for children. Lack of fencing, inadequate supervision, or defective pool covers can create hazardous conditions.

Example: A child drowned during swim practice due to a defective pool cover. The family filed a wrongful death claim for negligence in maintaining a safe environment.

• Dog Attacks

Fatal dog attacks can occur when owners or animal care facilities fail to control aggressive animals. Legal action may involve the dog owner, shelter, or other responsible parties.

Example: A volunteer at a dog rescue was mauled to death. Her partner filed a wrongful death lawsuit citing the organization’s negligence in controlling the animal and providing safety measures.

• Amusement Park Accidents

Accidents at amusement parks can cause fatalities due to operator error, ride malfunctions, or inadequate safety measures. Families can pursue wrongful death claims against ride operators, park owners, and manufacturers.

Example: A teenager fell from a free-fall ride at a theme park. The mother filed a wrongful death lawsuit against both the park and the ride’s manufacturer for failing to secure safety restraints properly.

Types of Damages in Wrongful Death Cases

Compensation in wrongful death lawsuits can cover:

• Economic damages: Lost income, medical expenses, funeral costs, and loss of estate inheritance.
• Non-economic damages: Loss of companionship, emotional suffering, and grief.
• Punitive damages: In rare cases, awarded if the defendant’s conduct was grossly negligent or intentional.

These damages vary based on the type of wrongful death and the specific circumstances surrounding the case.

Get Expert Legal Help from Henningsen Injury Attorneys Today

Here at Henningsen Injury Attorneys, we focus on client-centered service with decades of combined experience in wrongful death cases. We are available 24/7, conduct home and hospital visits, and work on a contingency-fee basis with no fees unless we win.

Our team manages every aspect of your case, from gathering evidence to negotiating settlements, so you can focus on healing while we fight for the compensation your family deserves.