Wrongful death law governs civil claims brought when a person dies as a result of another party’s negligence, misconduct, or failure to act with reasonable care. Unlike criminal cases, wrongful death claims focus on financial responsibility and legal accountability, not punishment.
A wrongful death claim is not the same as a personal injury claim that the deceased person might have brought while alive. Instead, it is a separate legal action intended to compensate surviving family members or the deceased person’s estate for losses resulting from the death.
This page explains the legal framework behind wrongful death claims, including who may bring a claim, who may be held liable, and how damages are evaluated.
All content on Laws101 is provided for informational and educational purposes only and is not a substitute for advice from a licensed attorney.
Wrongful death law governs civil claims brought when a person dies as a result of another party’s negligence, misconduct, or failure to act with reasonable care. Unlike criminal cases, wrongful death claims focus on financial responsibility and legal accountability, not punishment.
A wrongful death claim is not the same as a personal injury claim that the deceased person might have brought while alive. Instead, it is a separate legal action intended to compensate surviving family members or the deceased person’s estate for losses resulting from the death.
This page explains the legal framework behind wrongful death claims, including who may bring a claim, who may be held liable, and how damages are evaluated.
All content on Laws101 is provided for informational and educational purposes only and is not a substitute for advice from a licensed attorney.
What Makes a Death “Wrongful” Under the Law?
A death may be considered wrongful when it results from conduct that would have given rise to a personal injury claim had the person survived. Common legal bases include:
- Negligence
- Recklessness or gross misconduct
- Defective products
- Medical errors
- Unsafe conditions or environments
The specific definition of wrongful death and the standards that apply vary by jurisdiction, but the underlying focus is whether the death was legally preventable.
Who Can Bring a Wrongful Death Claim?
Wrongful death laws typically specify who has legal standing to bring a claim. Depending on the jurisdiction, this may include:
- A surviving spouse
- Children or other dependents
- Parents of the deceased
- A personal representative of the estate
Some states limit claims to certain family members, while others allow broader participation through the estate.
Common Types of Wrongful Death Claims
Wrongful death claims can arise from many different circumstances. The category matters because it often determines the key evidence, applicable safety standards, and who may be responsible.
Who May Be Liable in a Wrongful Death Case?
Liability in wrongful death cases may extend to individuals or entities whose actions or omissions contributed to the death. Potentially responsible parties may include:
- Negligent drivers
- Employers or corporations
- Medical providers or healthcare facilities
- Property owners or managers
- Manufacturers of defective products
Identifying all potentially liable parties is a critical step in evaluating a wrongful death claim.
Damages in Wrongful Death Claims
Wrongful death damages are intended to address the losses suffered by surviving family members and the estate. Depending on the jurisdiction and circumstances, damages may include:
- Loss of financial support or income
- Loss of services the deceased would have provided
- Funeral and burial expenses
- Loss of companionship, care, or guidance
- In some cases, punitive damages
Available damages and calculation methods vary by jurisdiction.
Related Resources
When an injury results in death, the legal analysis shifts from personal injury to wrongful death and survival claims, which involve different rules, damages, and filing requirements. The articles below cover topics about how wrongful death law works, who may bring a claim, and how these cases are handled regardless of the underlying cause.
Understanding the underlying cause of death helps determine which legal standards apply.
Conclusion
Wrongful death law provides a civil remedy when a death results from negligence or other legally actionable conduct. These claims are designed to address the profound financial and personal losses suffered by surviving family members and to hold responsible parties accountable.
This page serves as a central hub for understanding wrongful death law and connects readers to more detailed resources on specific fatal injury scenarios.
