What is Wrongful Death?
A civil lawsuit brought when a person dies due to the negligence or misconduct of another party. The lawsuit is filed by surviving family members or the estate.
Understanding Wrongful Death
Wrongful death claims allow recovery for funeral expenses, lost income, loss of companionship, and other damages. State laws vary on who can file and what damages are recoverable. These claims are separate from any criminal prosecution.
Examples
- 1Fatal car accident caused by drunk driver
- 2Medical malpractice resulting in patient death
- 3Workplace accident killing an employee
Related Terms
Loss of Consortium
A claim by the spouse or family member of an injured person for the loss of companionship, affection, comfort, and sexual relations resulting from the injury.
Personal Injury
A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Damages
Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.
Liability
Legal responsibility for one's actions or omissions. When a person or entity is found liable, they are legally obligated to compensate the injured party for their losses.
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