What is meant by "wrongful death" in the context of tort law?

In tort law, "wrongful death" refers specifically to a legal claim brought by beneficiaries of a deceased individual against individuals or entities responsible for that person's death. This type of claim seeks to compensate the surviving family members or beneficiaries for their losses resulting from the death, such as loss of financial support, companionship, and emotional suffering.

The distinction in this context is key: wrongful death claims do not arise from the deceased person themselves, as they are no longer capable of initiating legal action due to their death. Instead, the claim is centered on the impact of the death on those left behind. Beneficiaries may include spouses, children, and sometimes parents or other dependents, depending on the laws of the jurisdiction.

Other options mischaracterize the nature of wrongful death claims. For example, a claim for the deceased person's injuries would not qualify under wrongful death; instead, such claims are typically categorized under personal injury law. Emotional distress claims are not exclusive to wrongful death actions but can be part of many different tort actions. Lastly, wrongful death does not serve as a defense against tort claims; rather, it is a means for pursuing compensation.