Death Caused By Another
If a loved one has died due to the Negligence of another person or suffered serious bodily injury leading to death you may be entitled to compensation for a Wrongful Death Claim.
Injuries Which Lead to Wrongful Death may result from
In a Wrongful Death Case, the personal representative of the estate of a deceased person is authorized to file a lawsuit against those responsible for the person's death. Liability may arise for both negligent and intentional acts.
Wrongful death may result from any cause, such as, car accident, prescription medication, medical malpractice or negligence,
A Wrongful Death Lawsuit alleges that the decedent was killed as a result of the negligence (or due to other liability) on the part of the defendant, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct.
This type of claim is different from a normal negligence lawsuit, which is filed by the person injured for the resulting damages.
Originally under “common law” (the general legal principles passed from England to the United States over hundreds of years), a wrongful death claim did not exist based upon the reasoning that the claim died with the victim where there was no way to compensate him for damages. The surviving family members then could not claim damages from the person who caused the victim's death.
Over the years, states have passed "wrongful death statutes" that provide compensation for persons who may have been damaged from the death of the victim as well as an incentive to act carefully and safely.
Today, all states have some form of a wrongful death claim action in force.
