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Wrongful Death

The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support. The wrongful act may be:

  • A negligent or careless act such as careless driving
  • A reckless act
  • An intentional act such as a deliberate murder

Almost every state has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.

The representative allowed to bring a wrongful death suit is defined by the state. In some states, it may be only a spouse and children. In other states, grandparents or other relatives may also be allowed to bring a lawsuit. Some states have enacted restrictions on filing when one family member would be suing another family member for the wrongful death of a third family member.

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