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A wrongful death claim is a civil lawsuit that seeks compensation for the survivors of a person who died due to another person's negligence or misconduct. 

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How wrongful death lawsuits work
  • The surviving family members or beneficiaries sue the person or entity that caused the death. 

  • The lawsuit establishes that the defendant had a duty of care to the deceased. 

  • The lawsuit establishes that the defendant breached that duty of care. 

  • The lawsuit establishes that the breach of duty of care directly caused the death.

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What can be claimed in a wrongful death lawsuit? 
  • Medical services, such as hospital, nursing, and doctors' services

  • Burial and memorial services

  • Compensation for lost financial support

  • Compensation for suffering

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Who can bring a wrongful death lawsuit?

In most states, the personal representative of the deceased's estate brings the lawsuit. This could be a surviving spouse or family member.

 

When might a wrongful death lawsuit be filed?

Wrongful death lawsuits can arise from motor vehicle accidents, work accidents, construction accidents, falls, or dog bites. 

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