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 “distributees”). The most common distributees are surviving spouses and children, and sometimes parents. A suit for wrongful death may only be brought by the personal representative of the decedent’s estate.
A wrongful death claim may arise out of a number of circumstances, such as in the following situations:
1. Medical malpractice that results in decedent’s death;
2. Motor Vehicle or airplane accident;
3. Occupational exposure to hazardous conditions or substances; or
4. Death during a supervised activity.
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