Wrongful death occurs when a person's death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another individual, company or entity.

What circumstances can be considered wrongful death?

A wrongful death could occur as a result of a variety of situations, including:

  • Medical negligence, misdiagnosis, prescription error, surgical error or other error by a medical professional that results in your loved one's death;
  • Neglect or abuse on the part of a nursing home's medical professionals or staff that results in your loved one's death;
  • Automobile, bus, train, airplane or other common carrier accident;
  • Death as a result of a construction site or other work site accident;
  • Occupational exposure to hazardous conditions or substances (exposure to asbestos, toxic molds or chemicals, etc.);
  • Death during a supervised activity (sports tournament, field trip, etc.).

How are wrongful death lawsuits filed?

An action for wrongful death alleges that the decedent was killed as a result of the negligence (or other liability) on the defendant's part, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. 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 (executor) of the decedent's estate. But, actions for personal injury (survival actions), conscious pain and suffering, or expenses incurred prior to the decedent's death are also typically brought.

How are damages awarded in a wrongful death case?

Pecuniary (financial) injury is the main way damages in a wrongful death action are awarded. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Damages also typically include interest from the date of the decedent's death. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.