wrongful death
Noun: 1. A death caused by a wrongful act or negligence: This is a legal term for a death that occurs because someone else's unlawful, reckless, or negligent action (or failure to act) breached a duty of care owed to the deceased person. 2. A basis for a civil lawsuit: This type of death creates a legal claim (a "wrongful death action" or "lawsuit") that can be filed by specific surviving family members or heirs to seek financial compensation (damages) for their losses resulting from the death.
The term is used almost exclusively in legal contexts to describe the nature of a death that gives rise to a specific type of civil claim. * The family filed a wrongful death lawsuit against the drunk driver. * The jury awarded damages in the wrongful death case. * An attorney specializing in wrongful death claims can advise you of your rights.
- "Wrongful death action" or "Wrongful death claim": The formal legal lawsuit initiated by survivors seeking compensation for a wrongful death.
- They have grounds to bring a wrongful death action against the manufacturer of the defective product.
- "Wrongful death statute": The specific law in a state or jurisdiction that defines who can file a lawsuit and what damages can be recovered.
- Under this state's wrongful death statute, only the spouse, children, or parents of the deceased may file a claim.
- Wrongfully (adverb): In a manner that is unjust, illegal, or without legal right.
- He was wrongfully imprisoned for ten years.
- Wrongful (adjective): Characterized by unfairness, injustice, or illegality. (This is the adjective form from which "wrongful death" is derived).
- The court found the dismissal to be wrongful.
- Unlawful killing (Note: This is a broader term that can include criminal acts like murder, whereas "wrongful death" is specifically a civil law concept).
- Fatal negligence (This phrase describes the cause but is not a direct legal synonym for the resulting claim).
It is critical to distinguish "wrongful death" from related terms: * Wrongful death vs. Murder/Homicide: "Murder" and "homicide" are criminal charges brought by the state, punishable by imprisonment. A "wrongful death" lawsuit is a civil action brought by private individuals seeking monetary damages. The same act (e.g., a drunk driving fatality) can lead to both a criminal prosecution and a civil wrongful death lawsuit. * Wrongful death vs. Personal Injury: A "personal injury" lawsuit is filed by the injured person themselves. A "wrongful death" lawsuit is filed by survivors after a personal injury results in death.
- a death that results from a wrongful act or from negligence; a death that can serve as the basis for a civil action for damages on behalf of the dead person's family or heirs