Wrongful death



There are 2 major definitions for wrongful death:

  • When a wrongful act-- such as negligence, intentional attack, manslaughter or murder-- of one person results in the death of another.
  • the legal action against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives. Unlike criminal law, private parties may bring the suit.

    • The defendant has fewer due process and Constitutional protections such as immunity or the right to refuse to give testimony. The standard of proof is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt.


    Under "common law" (the general legal principles passed from England to the United States over hundreds of years) this type of claim did not exist. It was reasoned that the claim died with the victim, and the surviving family members could not claim damages from the person who caused the victim's death. To correct this injustice, the individual states have passed "wrongful death statutes" over the years, and some form of wrongful death claim action exists in all state jurisdictions today. While they all follow some general principles, each state jurisdiction is unique, since each state has drafted its own form of "wrongful death statute."


    The following damages may be recovered in a wrongful death action:

  • Immediate expenses associated with the death (medical & funeral):
  • Loss of victim's anticipated earnings in the future until time of retirement or death;
  • Loss of benefits caused by the victim's death (pension, medical coverage, etc.);
  • Loss of inheritance caused by the untimely death;
  • Pain and suffering, or mental anguish to the survivors;
  • Loss of care, protection, companionship to the survivors;
  • General damages;
  • Punitive damages.
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