Wrongful Death
A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant's), and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct.
Under "common law" (the general legal principles passed from England to the United States over hundreds of years) this type of claim did not exist. It was reasoned that the claim died with the victim, and the surviving family members could not claim damages from the person who caused the victim's death. To correct this injustice, the individual states have passed "wrongful death statutes" over the years, and some form of wrongful death claim action exists in all state jurisdictions today. While they all follow some general principles, each state jurisdiction is unique, since each state has drafted its own form of "wrongful death statute."
This section does not attempt to describe the 50 different rules for each state, but instead provides some of the general principles behind wrongful death claims. If you believe you have a valid claim for the wrongful death of a family member, you should consult us regarding the requirements for your particular jurisdiction.
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