A "wrongful death" occurs when a person is dies due to the negligence or misconduct of another individual, company or entity. Wrongful death is actionable to the plaintiff's immediate family (often called "distributees"). Common distributies include: spouses, children and parents.

Only a personal representative of the decedent's estate can bring a wrongful death suit. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will.

Elements required to bring a wrongful death suit include:
*the death of person(s)
*negligence on another's behalf or with intent to cause harm
*surviving family who are suffering monetarily as a result of the death
*the appointment of a personal representative for the decedent's estate.

Circumstances that often lead to wrongful death suits include:
*Medical malpractice resulting in death
*Automobile/airplane accident
*On the Job exposure to hazardous conditions or substances
*Criminal activity
*Death during a monitored activity

Damages in a Wrongful Death Lawsuit
Pecuniary(financial) injury is the main measure of damages in a wrongful death action. Pecuniary injuries include the loss of support, services, lost prospect of inheritance, and medical and funeral expenses.