Wrongful Death Claim

Updated: 12 May 2026

What Does Wrongful Death Claim Mean?

A wrongful death claim is a legal action filed against a party for the loss of life resulting from a negligent or intentional act. The claim can be brought by surviving family members or loved ones of the deceased.

Unlike a murder charge, which is a criminal case, a wrongful death claim is a civil suit.

Insuranceopedia Explains Wrongful Death Claim

Wrongful death claims are filed for deaths resulting from malpractice, accidents, and other forms of negligence.

The damages claimed can include:

  • Burial and funeral costs
  • Medical expenses incurred prior to death
  • Pain and suffering experienced by the deceased before death
  • Loss of love and companionship

Burial costs are one of the more predictable expenses families face after a death, which is why some households also keep a small burial and funeral insurance policy separate from a primary life policy.

The deceased’s family members or loved ones may still file a life insurance claim even after a successful wrongful death claim. This would supplement, rather than replace, the life insurance benefit. When the death stems from an accident rather than illness, some policyholders also carry an accidental death benefit rider that pays an additional amount on top of the standard payout. The paperwork side of running both a civil case and a life insurance claim at once can get tangled, and our guide on how to collect life insurance as a beneficiary covers what documents to gather and what to expect from the insurer.