Types of wrongful death claims any fatality caused by the wrongful acts of another may result in a wrongful death claim many wrongful death claims are based upon death resulting from negligence for example following a motor vehicle accident caused by another driver a dangerous roadway or defective vehicle or medical malpractice. Wrongful death the taking of the life of an individual resulting from the willful or negligent act of another person or persons if a person is killed because of the wrongful conduct of a person or persons the decedents heirs and other beneficiaries may file a wrongful death action against those responsible for the decedents death. Wrongful death is a civil claim filed against those who are liable for someones death whether its intentional or accidental learn about this and more at findlaws torts and personal injuries section. Wrongful death claims are brought against a defendant who has caused someones death either negligently or through intentional harm wrongful death claims allow the estate of the deceased person to file a lawsuit against the party who is legally liable for the death. In some states the death of a fetus can be the basis for a wrongful death suit in several other states parents cannot bring a wrongful death action to recover for financial and emotional losses resulting from the death of a fetus in those states the parents can bring a wrongful death action only if the child was born alive and then died
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