Skip to main content
Personal Injury

What is Wrongful Death?

A civil lawsuit brought when a person dies due to the negligence or misconduct of another party. The lawsuit is filed by surviving family members or the estate.

Understanding Wrongful Death

Wrongful death claims allow recovery for funeral expenses, lost income, loss of companionship, and other damages. State laws vary on who can file and what damages are recoverable. These claims are separate from any criminal prosecution.

Examples

  • 1Fatal car accident caused by drunk driver
  • 2Medical malpractice resulting in patient death
  • 3Workplace accident killing an employee

Why This Matters in Legal Cases

Wrongful death claims involve the most devastating loss a family can experience. These cases often carry significant damages including loss of future income, loss of companionship, funeral expenses, and the decedent's pain and suffering before death (in survival actions). Understanding who has standing to sue and what damages are available under your state's wrongful death statute is essential.

Explaining to Clients

Approach wrongful death clients with sensitivity and patience. They are grieving while navigating complex legal proceedings. Explain that the lawsuit serves two purposes: holding the responsible party accountable and securing financial stability for the family. Clarify who qualifies as a beneficiary under state law, as this varies significantly between jurisdictions.

Frequently Asked Questions

Who can file a wrongful death lawsuit?

This varies by state. Common eligible parties include the surviving spouse, children, parents of unmarried children, and sometimes domestic partners, siblings, or grandparents. Many states require the lawsuit to be filed by the personal representative of the deceased person's estate on behalf of the beneficiaries.

What damages are available in a wrongful death case?

Damages typically include funeral and burial expenses, lost future income and benefits, loss of companionship and guidance, loss of household services, and medical expenses incurred before death. Some states also allow recovery for the decedent's pain and suffering through a separate survival action.

How is a wrongful death case different from a criminal homicide case?

A wrongful death case is a civil lawsuit seeking monetary compensation, while a criminal case seeks punishment (imprisonment, fines) for the defendant. Different standards of proof apply: civil cases require a preponderance of the evidence, while criminal cases require proof beyond a reasonable doubt. Both can proceed simultaneously from the same incident.

Sources

Related Terms

Survival Action

A legal claim brought by the estate of a deceased person to recover damages that the deceased suffered between the time of injury and their death.

Loss of Consortium

A claim by the spouse or family member of an injured person for the loss of companionship, affection, comfort, and sexual relations resulting from the injury.

Personal Injury

A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.

Negligence

The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.

Damages

Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

Help Your Clients Understand Their Case

Quilia makes it easy to communicate complex legal concepts to your clients.

Request a DemoBrowse All Terms