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:
“Go; and if that word have not quite killed thee,
Ease me with death by bidding me got too.
Oh, if it have, let my word work on me,
And a just office on a murderer do.
Except it be too late to kill me so,
Being double dead: going, and bidding go.”
—John Donne (1572–1631)
“Chippenhook was the home of Judge Theophilus Harrington, known for his trenchant reply to an irate slave-owner in a runaway slave case. Judge Harrington declared that the owner’s claim to the slave was defective. The owner indignantly demanded to know what was lacking in his legally sound claim. The Judge exploded, ‘A bill of sale, sir, from God Almighty!’”
—For the State of Vermont, U.S. public relief program (1935-1943)