Denver, CO personal injury attorney Kyle Bachus explains what is considered wrongful death. She explains that it’s not uncommon for individuals to contact his office with questions about the term “wrongful death.” They may say they’ve heard the phrase but aren’t entirely sure what it means—especially after losing a loved one and wondering whether the circumstances fall under that category.

In legal terms, a wrongful death occurs when someone dies as a result of the unreasonable or negligent conduct of another person or company. Put simply, it’s a death caused by actions—or failures to act—that fall below the standard of reasonable care.

To help clarify, he often explains it like this: If an individual were injured in a car crash due to another driver running a red light, that person would have a negligence claim for their injuries—such as a broken leg. However, if the outcome of that same crash were fatal, the claim would still be rooted in negligence, but the legal system treats it as a wrongful death case.

The reason for the distinction is that every state has a specific wrongful death statute, which provides the legal framework for pursuing these types of claims. The statute outlines who can bring the claim (such as surviving family members or estate representatives), what damages can be sought, and other procedural requirements.

So, while the legal foundation of a wrongful death claim is negligence, the fatal outcome triggers this separate legal process—making it a statutory claim. Attorneys refer to it as a “wrongful death” case because it falls under this specific category of law designed to address the loss of life due to negligence.