Tuesday
Sep212010

Wrongful Death Claims

 

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. Often, there are surviving family members who are suffering grief or loss of companionship sometimes accompanied by a monetary injury as a result of the death. The action may be brought by the surviving spouse, children or parents and sometimes a personal representative appointed to represent the decedent's estate, if nesccessary.

 

 

 

 

 A wrongful death claim may arise out of a number of circumstances, such as, for example, the following situations:

  • Medical malpractice that results in decedent's death
  • Automobile or airplane accident
  • Occupational exposure to hazardous conditions or substances
  • Death during a supervised activity
  • Death due to a lack of security or a dangerous condition on various premises
  • Death due to a defective product
  • Death due to nursing home abuse or neglect