In what type of action is a wrongful death claim categorized?

A wrongful death claim is categorized as a derivative action because it arises from the injury or death of the decedent, and the claim itself is based on the rights and interests of the survivors, such as family members or beneficiaries, rather than on the rights of the deceased. In this context, the survivors stand in the shoes of the decedent and can pursue a claim for damages that result from the wrongful act that caused the decedent's death. This means that the survivors can seek compensation for their losses, such as loss of companionship, financial support, or funeral expenses, which are all directly related to the decedent’s wrongful death.

The concept of derivative action is crucial in tort law, particularly in wrongful death cases, because it highlights the relationship between the claim and the original injury or cause of action that affected the decedent. The claim is not simply an independent individual claim, nor is it a separate type of claim that stands alone. It is inherently linked to the rights that the deceased would have had if they had survived, thus making it derivative in nature. This understanding is essential for recognizing how wrongful death claims function within the broader context of tort law and the rights of individuals to seek justice for losses they have experienced due to another party’s wrongful