A wrongful death claim may arise when a person dies as a result of the negligent, careless, intentional or reckless acts of another person or entity (including a corporation or governmental agency). The death could occur because of a car accident, medical malpractice, an on-the-job injury, nursing home abuse or neglect, or from any other careless conduct.

In most wrongful death cases, the estate and certain surviving family members will have a claim for damages. The estate is typically allowed to claim damages for the decedent's lost earnings, medical expenses, funeral expenses, and conscious "pain and suffering" experienced by the decedent before death. Certain surviving family members may also have individual claims for damages as a result of the decedent's death, including loss of consortium (i.e., destruction of the relationship) and emotional distress.

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