Wrongful death claims exist only by statute, since the common law recognized no action for a death. Each state's statute defines who may bring the claim, who may recover, what damages are available, and the limitations period.
The claim compensates survivors for their own losses, distinct from a survival action that preserves the decedent's claims.
Alternative Names:
Wrongful Death Claim, Death Claim
Why it Matters?
Because the claim is entirely statutory, the analysis starts with the statute rather than general tort principles. Standing is a recurring defense issue, since many statutes vest the claim exclusively in a personal representative and suits filed by individual family members may be defective. Beneficiary classes and allocation procedures also differ enough that outcomes vary substantially across state lines on identical facts.
Frequently Confused with
Related terms
Frequently asked questions
Who can file a wrongful death claim?
Is wrongful death the same as a survival action?
