---
title: "Wrongful Death"
type: Legal Rule
source: https://casebriefly.com/legal-rules/wrongful-death
---

# Wrongful Death

A statutory cause of action brought by surviving family members to recover damages for losses suffered due to the decedent's death caused by another's wrongful act, neglect, or default.

## Definition

Wrongful death is a statutory cause of action that allows designated survivors to recover damages for their losses resulting from the death of a family member caused by the defendant's wrongful conduct. At common law, tort actions died with the victim — there was no claim for causing another's death. Wrongful death statutes, first enacted in England with Lord Campbell's Act in 1846 and subsequently adopted in every American state, created a new cause of action that would not have existed at common law.

Wrongful death statutes vary by state but share common features. The claim is brought by the decedent's survivors (typically a spouse, children, or parents) or by a personal representative on behalf of the beneficiaries. The plaintiff must prove that the defendant's wrongful act, neglect, or default caused the death, and that the defendant would have been liable to the decedent had death not occurred. Damages typically include loss of financial support, loss of companionship and guidance, funeral and burial expenses, and the survivors' pain and suffering. Some statutes also allow recovery for the decedent's pain and suffering before death (though this is more commonly addressed through survival statutes).

Survival statutes are related but distinct — they allow the decedent's estate to continue a cause of action that the decedent could have brought had they survived. Wrongful death is a new cause of action belonging to the survivors, while survival actions preserve the decedent's pre-existing claims. The two are often brought together. Because wrongful death is statutory, the specific provisions of the applicable state's statute control who may sue, what damages are recoverable, the statute of limitations, and any caps on recovery.

## Elements

- A death occurred as a result of the defendant's wrongful act, neglect, or default
- The defendant would have been liable to the decedent had death not occurred
- The plaintiff is a statutorily designated beneficiary (spouse, child, parent, or representative)
- The survivors suffered actual damages from the death
- The claim is brought within the applicable statute of limitations

## Key Case

Moragne v. States Marine Lines, Inc., 398 U.S. 375 (1970)

## Landmark Cases

| Name | Citation | Significance |
| --- | --- | --- |
| Moragne v. States Marine Lines, Inc. | 398 U.S. 375 (1970) | Created a federal general maritime wrongful death action, recognizing the importance of compensating survivors for death caused by negligence. |
| Norfolk & Western Railway Co. v. Ayers | 538 U.S. 135 (2003) | Addressed damages issues in wrongful death claims related to asbestos exposure, clarifying the scope of recoverable losses. |
| Sea-Land Services, Inc. v. Gaudet | 414 U.S. 573 (1974) | Established that wrongful death damages in maritime law include loss of society (consortium-type damages) in addition to financial losses. |

## Exam Tips

- Always identify the applicable wrongful death statute — recovery, beneficiaries, and limitations are entirely statutory.
- Distinguish wrongful death from survival actions: wrongful death is the survivors' new claim, while survival actions are the decedent's pre-existing claims.
- Check for damage caps — many states impose statutory limits on wrongful death recovery.
- Remember that the claim requires showing the defendant would have been liable to the decedent — any defense that would have barred the decedent's claim bars wrongful death too.

## Common Mistakes

- Confusing wrongful death with survival actions — wrongful death belongs to the survivors, survival actions belong to the decedent's estate.
- Assuming wrongful death existed at common law — it is entirely a statutory creation and did not exist until Lord Campbell's Act.
- Applying a generic analysis without consulting the specific state statute — wrongful death provisions vary significantly by jurisdiction.

## Mnemonic Or Memory Aid

Wrongful Death = Survivors' claim. Survival Action = Decedent's claim. Both arise from the same death but compensate different losses.

## Related Rules

- loss-of-consortium
- duty-of-care-general
- comparative-negligence

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Source: [Wrongful Death — CaseBriefly](https://casebriefly.com/legal-rules/wrongful-death)