Wrongful death law allows certain surviving family members or a deceased person's estate to seek compensation when a death is caused by another party's wrongful conduct. The conduct involved can be negligence, recklessness, or an intentional act, and wrongful death claims can arise from many situations, including vehicle crashes, unsafe property, defective products, workplace incidents, and medical harm.
A wrongful death claim is, in essence, the claim the deceased person might have brought had they survived, now pursued on behalf of the survivors or the estate. Who is permitted to bring such a claim and what compensation is available are defined by law and vary from place to place. Recoverable losses may include funeral and burial costs, medical expenses before death, lost financial support and benefits the family would have received, and the loss of companionship, guidance, and care.
For a non-lawyer, several concepts are important. Wrongful death is generally a civil claim for compensation, separate from any criminal case the government might pursue arising from the same death. The categories of eligible survivors and the types of damages differ by jurisdiction, and strict time limits apply. Because these cases combine difficult personal circumstances with detailed legal rules, grieving families often consult a lawyer to understand their rights and the process.
