Wrongful Death Definition

A death caused by the wrongful act of another, either accidentally or intentionally.

At common law, a claim for wrongful death was personal to the person killed—the decedent—and it "died" with them. Today, every state has a wrongful death law that lets the decedent's estate or surviving relatives sue to recover compensation for the damages caused by having to live without the decedent. This compensation is intended to cover, among other things, the decedent's lost earnings and the emotional comfort and support the decedent would have provided.