Filing a Wrongful Death Claim A wrongful death claim is a civil court action in which the amount of damages awarded to the surviving members of a family for the wrongful or negligent death of a loved one is determined. If your loved one has died due to someone else’s reckless, negligent, and deliberate behavior, you are entitled to compensation from their wrongful death if their death impacts you and your family’s well being, both emotionally and financially. For a successful wrongful death suit, proof must be established that a loved one’s death was caused by another person’s action or inaction, and that surviving family members are suffering damages because of it. Every state has statutes for wrongful death, which may differ from state to state, but all of them require that a personal representative for the deceased’s estate be the one to file. A lawsuit can be filed for the following situations: medical malpractice resulting in death, car or plane accident, hazard...
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