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How to win a wrongful death lawsuit?

To win, you generally have to show the death was caused by someone else's wrongful act or negligence, in a situation where the person could have sued if they had lived. Florida's law says this directly. In North Carolina, the lawsuit must be brought by the personal representative, the person in charge of the dead person's estate. If you win, the damages can include medical costs, funeral costs, the person's pain and suffering, and the loss of their income, care and companionship. Rules differ by state, and the sources here do not cover proof, deadlines or strategy.

When a lawyer helpsA lawyer is worth hiring early, because who can sue, what you must prove and what you can recover all depend on your state's law.

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Last verified 2026-10-26.

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    General information, not legal adviceLegal Space Info provides general information, not legal advice. Reading this site does not create an attorney-client relationship. Laws vary by state and change often; consult a licensed attorney for advice about your situation.