Hill&Moin

A civil action against someone who can be held liable for a death. Any tortious injury that caused someone's death may be grounds for a wrongful death action. Under the common law, a claim for wrongful death had to be brought by the decedent's survivors (usually close relatives only); modern wrongful death statutes have modified that rule. When a person dies or is killed due to the negligence or misconduct of another — including murder — the surviving members of the victim's family may sue for wrongful death. Most wrongful death lawsuits follow in the wake of criminal trials, using similar evidence but with a lower standard of proof. Regardless, someone found liable for wrongful death may or may not be convicted of a crime associated with that death.