In wrongful death cases, survivors are compensated for the harm and losses they have suffered after losing a loved one.
Wrongful death claims are often based upon death resulting from negligence, for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, product liability, and medical malpractice.
"[5] In other jurisdictions the cause of action did not exist until the passage of a wrongful death statute.
[10] To an extent, people can protect themselves from wrongful death lawsuits by having the participants sign a waiver.
It allows a lawsuit to be filed even though the person who was harmed is no longer alive to bring the case.
The standard of proof in the United States is typically preponderance of the evidence[13] as opposed to clear and convincing or beyond a reasonable doubt.