wrongful death statute

A wrongful death statute is a law enacted by a state or federal legislature that establishes the legal framework for bringing a civil lawsuit against individuals or entities responsible for causing someone’s death through negligent, reckless, or intentional actions. These statutes essentially codify the common law claim of wrongful death while modifying any rules that legislators deem arcane or unjust. For instance, modern wrongful death statutes often permit the decedent’s executor or administrator to bring the lawsuit, not just the decedent’s survivors.

For example, see the Florida wrongful death statute, the Illinois Wrongful Death Act, and the Michigan wrongful death statute.

[Last reviewed in November of 2024 by the Wex Definitions Team]

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