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WHAT IS WRONGFUL DEATH?
Wrongful death happens when somebody is killed because of another person or entity’s negligence or misconduct. A wrongful death civil action, is a civil action in which damages are sought against a party for causing the death of a person or their family member. A civil action for a wrongful death lawsuit is brought for the benefit of the spouse, children, parents, or heirs of the person who died.
Elements of a wrongful death claim include:
- Death of a person
- Death caused by negligence or with intent to harm
- Survival of family members suffering monetary injury because of the death
- Appointment of executor or administrator of deceased person’s estate
Who Can Sue?
Spouses, children, parents of unmarried children, and, if state law allows, other interested parties may sue a negligent party for wrongful death.