Wrongful Death Claim

A wrongful death claim is a civil case filed after a person dies because of someone else's wrongful conduct, such as negligence, a defective product, medical malpractice, or an intentional act. Because the person who died cannot sue, state law lets certain survivors or the estate bring the claim.

Wrongful death actions are governed by state statutes, which specify who can benefit and often limit damages; eligible survivors typically include spouses and children, and sometimes parents, siblings, and other dependents. In some states the claim must be filed by the estate's personal representative on behalf of the family.

Damages usually cover the income and support the person would have provided, medical and funeral costs, and the loss of companionship and guidance. Many states also allow a separate "survival action" for the pain and losses the person suffered before death. A civil wrongful death case is separate from any criminal case: it uses a lower burden of proof, so a defendant can be found liable even without a criminal conviction.

Deadlines are strict and vary by state, often starting on the date of death. Some states also cap certain damages, for example in medical malpractice cases. In mass tort litigation over drugs, devices, and toxic exposures, families of people who died often file wrongful death claims alongside injury claims. See our pages on asbestos claims and Roundup cancer lawsuits, and our guide on how to sue a company.