What is a wrongful death claim?

A wrongful death claim is brought for the benefit of certain family members who have been harmed emotionally and/or financially by the passing of a loved one. When someone is killed by the recklessness and negligence of another's actions, a wrongful death claim is typically actionable.

Section 15-51-20 provides that a wrongful death claim is for:

1. The benefit of the wife, or husband, and child or children, of the person whose death shall have been so caused; and if there is not a wife/husband, child/children, then the

2. Benefit of the parent or parents; and if there is not a parent, then the

3. Benefit of the heirs.

Damages payable by the wrongful death claim are measured by the loss to the beneficiaries, including: