A wrongful death claim is a civil claim arising when a person’s death is allegedly caused by another party’s legally wrongful conduct.
Why wrongful death matters
Wrongful death matters because the injured person is no longer alive to bring an ordinary personal-injury claim. Statutes usually define who may bring the claim, what losses may be recovered, and how damages are distributed.
The details vary significantly by state.
Where wrongful death appears
Wrongful death appears in fatal accident cases, medical-malpractice claims, product-liability cases, workplace deaths, intentional tort cases, and settlement negotiations involving surviving family members or an estate.
Practical example
A driver negligently causes a crash that kills another person. The surviving family or estate representative may pursue a wrongful-death claim if state law allows it.
How wrongful death differs from nearby terms
Wrongful death differs from a survival action because wrongful death usually focuses on losses suffered by survivors, while a survival action continues claims the deceased person could have brought. It differs from criminal homicide because wrongful death is a civil claim.
Related terms
Quick knowledge check
Why is wrongful death usually governed by a specific statute?