In our legal system, when the wrongful act of another person causes you to suffer loss, you have a right to bring a lawsuit to recover compensation for your losses. When the consequences of that negligence or carelessness include the accidental or wrongful death of another person, that legal action is known as a wrongful death lawsuit.
In essence, a wrongful death claim alleges that your loved one died (and you suffered loss) because of the carelessness or negligence of another person. Though you can seek damages for the intentional killing of a loved one, most wrongful death actions are based on allegations of negligence.
To succeed with any claim based on negligence, you must show three things:
Wrongful death actions are not necessarily available to anyone who can claim loss. A person must qualify as a “real party in interest” to be able to file such a lawsuit.
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