Wrongful Death

Wrongful death is a legal term used to describe cases where a person's death has resulted from another's negligence or other wrongdoing. Since the victim of the wrongdoing itself is now deceased, the family can choose to pursue damages on their behalf via lawsuit. To pursue damages, the plaintiff in the case must be an immediate family member, unless stated otherwise (of another family member) in the person's estate. As the plaintiff, the family member will need to prove that certain elements of wrongful death were present, including death, negligence or intent, and injury to the family members. If proved, the family members can receive a wide range of damages based on the loss: loss of support, loss of consortium, medical expenses, funeral costs, loss of inheritance, as well as others. In addition, some cases may involve survival actions for the victim's personal injury and also punitive damages (if malice or intent was present).

Fast Facts

  • 40,000 car accident deaths take place each year
  • 98,000 die each year as a result of medical errors (which are preventable)

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