Was a Loved One Wrongfully Killed?

A “wrongful death” occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent’s immediate family members (often called “distributes”). The most common distributes are surviving spouses and children, and sometimes parents. The personal representative of the decedent’s estate may only bring a suit for wrongful death. Every state has a civil “wrongful death statute,” or set of statutes, which establish the procedures for bringing wrongful death actions. The personal representative also brings actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent’s death. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent’s will.

In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being;
• Caused by another’s negligence, or with intent to cause harm;
• The survival of family members who are suffering monetary injury as a result of the death, and;
• The appointment of a personal representative for the decedent’s estate
• A wrongful death claim may arise out of a number of circumstances, such as in the following situations:
• Medical malpractice that results in decedent’s death;
• Automobile or airplane accident;
• Occupational exposure to hazardous conditions or substances;
• Criminal behavior;
• Death during a supervised activity