A claim brought by surviving family members or an estate when someone dies because of another party's wrongful act.
A wrongful death claim is a civil claim - a lawsuit for money - brought after a death that someone else caused. It is separate from any criminal case arising from the same death, it is decided under a lower standard of proof, and it can succeed even when no criminal charge is brought or a criminal charge ends in acquittal.
At common law, a claim generally died with the injured person. Every state has since created wrongful death claims by statute, and those statutes are where the details live: who is permitted to bring the claim, whether it is brought by named relatives or by the estate's representative, what categories of loss can be recovered, and how any recovery is divided.
Many states also recognise a companion "survival" claim, which carries forward the claim the person who died would have had for their own losses before death. The two are frequently brought together and are not the same thing.
The eligibility rules are the reason to consult a lawyer quickly rather than eventually. Statutes name who may bring the claim, and a family member who assumes they are the right person to sue is sometimes not - while the deadline runs regardless.
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