Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a loophole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not.
The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In Australia and the United Kingdom, it is 'on the balance of probabilities'. For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O. J. Simpson murder case). Wrongful death is also the only recourse available in the United States when a company, not an individual, causes the death of a person; for example, historically, families have tried (both successfully and unsuccessfully) to sue tobacco companies for wrongful deaths of their customers.
In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person.: Wrongful death actions were strictly statutory. Some jurisdictions have recognized a common law right of recovery for wrongful death, reasoning that “there is no present public policy against allowing recovery for wrongful death." Jurisdictions that recognize the common law right to recovery for wrongful death have used the right to fill in gaps in statutes or to apply common law principles to decisions. Many jurisdictions enacted statutes to create a right to such recovery. The issue of liability will be determined by the tort law of a given state.
See the Fatal Accidents Act 1846 (Lord Campbell's Act) for the origin of wrongful death liability.
To an extent, people can protect themselves from wrongful death lawsuits by having the participants sign a waiver.
Famous quotes containing the words death and/or claim:
“My death from the wrists,
two name tags,
blood worn like a corsage
to bloom
one on the left and one on the right....”
—Anne Sexton (1928–1974)
“The revolutionary spirit is mighty convenient in this, that it frees one from all scruples as regards ideas. Its hard absolute optimism is repulsive to my mind by the menace of fanaticism and intolerance it contains. No doubt one should smile at these things; but, imperfect Esthete, I am no better Philosopher. All claim to special righteousness awakens in me that scorn and anger from which a philosophical mind should be free.”
—Joseph Conrad (1857–1924)