Wrongful Death

A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) of another (the defendant), and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct.

A wrongful death claim generally consists of the following four elements:

1. The death was caused, in whole or part, by the conduct of the defendant.
2. The defendant was negligent or strictly liable for the victim's death.
3. There is a surviving spouse, children, beneficiaries or dependents.
4. Monetary damages have resulted from the victim's death.