When someone is killed because of the wrongful or negligent act of another, the person's estate may be able to bring a lawsuit against the party causing the death and recover damages for the relatives of the deceased person.

An action under the Wrongful Death Act can be filed if:

• A person dies because of the wrong or negligent actions of another; and
  
• The decedent would have been legally able to sue for injury if still alive.

A lawsuit can be filed on behalf of an estate, either through the executor if the decedent had a will, or through a person appointed by the court to act on behalf of the estate when there is no will, called an administrator ad prosequendum.

The estate can sue for damages for the pain and suffering endured by the decedent from the time of injury until the moment of death, even if the time between injury and death is only for a few minutes. The estate can also recover damages for the loss of the decedent’s earnings and for loss of services no longer available to the decedent’s family.