Skip to content
Glossary

What Is Wrongful Death?

Wrongful Death is a civil claim brought after a person dies because another party’s negligent, reckless, or intentional conduct caused the death. The claim may seek compensation for losses suffered by eligible surviving family members or the estate. It is separate from a criminal prosecution, which addresses punishment by the government.

Quick Facts About Wrongful Death

Category

Civil injury claim

Used for

Death caused by another party’s conduct

Common confusion

A civil claim is not a criminal prosecution

Also called

Wrongful Death Claim, Wrongful death action

Often discussed with

Car Accident Representation

Key Takeaways About Wrongful Death

  • A civil claim is separate from a criminal case.
  • Eligible survivors or an estate may bring the claim.
  • Wrongful death is not limited to intentional acts.

How Wrongful Death Works

Two people talk across a desk, with a framed photo, bloody cloth, toy cars, and keys in front of them

Wrongful Death claims connect a person’s death to another party’s conduct and the losses that followed. In a car crash, the conduct may involve careless driving, impaired driving, or another form of negligence. The claim usually focuses on evidence, causation, and the losses experienced by eligible family members or the estate.

Related glossary terms: Damages, Negligence, Proximate Cause.

Damages may address financial contributions, medical or funeral expenses, and personal losses tied to the death. The proper claimant depends on the applicable law and the family relationship involved. A wrongful death action can proceed through settlement discussions or a court case. The civil process does not decide criminal guilt, although facts from a criminal investigation may affect the evidence available in the civil claim.

A hand writes on a form labeled “WRONGFUL DEATH CLAIM” at a wooden desk

From the Atlanta Auto Law team

When we handle a wrongful death matter, we organize crash evidence, medical records, financial documents, and witness accounts. We also examine how the collision occurred and identify the losses connected to the death. Our team separates facts supporting liability from facts that establish the family’s damages.

Wrongful Death in Practice: A Real-World Example

A driver runs a red light and causes a collision that kills another driver. The surviving family may pursue a wrongful death claim for losses connected to the death, based on evidence about the crash and the family’s relationship with the deceased.

Related Terms

Damages

Damages are the monetary compensation sought or awarded for harm caused by another party’s wrongful conduct…

Negligence

Negligence is a failure to use the level of care that a reasonably careful person would…

Proximate Cause

Proximate Cause is the legal connection between a person’s conduct and an injury that makes the…

Economic Damages

Economic Damages are measurable financial losses linked to an injury or property damage claim. In a…

Atlanta Auto Law

Have Questions About Wrongful Death?

Contact Atlanta Auto Law for practical guidance on Wrongful Death and related personal injury attorney work in Atlanta.

The information on this website is for general informational purposes only and is not legal advice, does not create an attorney-client relationship, and may not reflect current law in Atlanta, Georgia, United States. Every situation is different; consult a licensed attorney about your specific matter. Prior results do not guarantee a similar outcome.

(678) 235-3870