Wrongful Death
Elements of a Wrongful Death Lawsuit
Every state has its own statutes with regard to wrongful death, however, there are some principles that all hold in common:
- The death of a human being (with regard to the death of unborn fetuses, many, though not all, states specify that the victim must be born alive)
- The death must have been caused, in whole or in part, by the action (or non-action) of the defendant.
- The defendant’s actions were negligent or the defendant was strictly liable for the wrongful death; that is to say, the harm was caused without intention
- There are surviving members of the deceased’s immediate family and they have appointed a personal representative
- The death resulted in monetary damages.
The causes of wrongful death are numerous. While the most common is medical malpractice, others include:
- Automobile accidents
- Aviation accidents
- Hazards encountered while at work
- Criminal actions
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