Legal Definitions - wrongful death action

A wrongful death action is a type of civil lawsuit filed against a person or entity whose negligent, reckless, or intentional actions directly caused another person's death. It allows the deceased person's survivors or estate to seek financial compensation for the losses they have suffered as a result of the death, such as lost income, medical expenses, funeral costs, and the emotional suffering of the family. This action is distinct from criminal charges, focusing instead on holding the responsible party financially accountable for the civil wrong committed.

• Example 1: Medical Malpractice

  A surgeon performs an operation and, due to a severe lapse in judgment or skill, makes a critical error that directly leads to the patient's death on the operating table. This illustrates a wrongful death action because the surgeon's negligence (a civil wrong) directly caused the patient's death. The patient's surviving family members could file a wrongful death lawsuit against the surgeon and/or the hospital to recover damages for their profound loss.

• Example 2: Negligent Driving

  A driver, distracted by their phone, swerves into oncoming traffic and causes a head-on collision, resulting in the immediate death of the driver in the other vehicle. Here, the distracted driver's negligent behavior (a civil wrong) was the direct cause of the other driver's death. The family of the deceased driver could pursue a wrongful death action against the distracted driver to seek compensation for their emotional distress, funeral expenses, and the financial support the deceased would have provided.

• Example 3: Defective Product

  A manufacturing company produces a batch of children's car seats with a known design flaw in the buckle mechanism. When a car seat fails during a minor accident, a child is ejected and tragically dies. This scenario demonstrates a wrongful death action because the manufacturer's production and sale of a dangerously defective product (a civil wrong, often under product liability law) directly led to the child's death. The child's parents could file a wrongful death lawsuit against the manufacturer to hold them accountable for their negligence and the resulting loss of life.