Wrongful Death Complaint Sample

Medical malpractice is the failure of a health care practitioner to provide the correct standards of care to a patient, resulting in patient injuries or death. Wrongful death is the death of a person by another's neglect or wrongful acts.

A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent's death (they are called the "real parties in interest"). The representative is usually the executor of the decedent's estate. The "real parties in interest" vary from state to state.

Elements of Wrongful Death Lawsuits A person's death caused by another person's negligence or by another person's intent to cause the deceased individual harm. Monetary injuries, related to the death, for the surviving family members. Appointment of a personal representative for the estate of the decedent.

Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.

Car Accidents. When it comes to wrongful death, car accidents are the most common cause because of both the number of drivers and how often people drive. Medical Malpractice. Accidents at Work. Defective Products. Semi-Truck Accidents. Pedestrian Accidents. Aviation Accidents.

The person had the intent to commit the act; The person made non-consensual contact with the victim (this can include hitting someone with a car or using a weapon); and. The contact caused fatal harm.

Wrongful Death Damages the medical treatment costs that the deceased victim incurred as a result of the injury prior to death. funeral and burial costs. loss of the deceased person's expected income. loss of any inheritance as a result of the death.