Wrongful Death Tort

A wrongful death tort is a claim based on death of a person for the benefit of certain family members. In the case of a wrongful death, the person's death is caused by the negligent acts of another. A wrongful death tort may be filed by a deceased person's personal representative, and any proceeds from the claim would be for the benefit of the decease person's beneficiaries, such as a surviving spouse, children, parent, etc. This tort has been created by statute in most states, as the common law does not typically provide for death as the basis for a claim for injuries in civil court. Most states' wrongful death statutes provide for the payment of compensatory damages, although some states may also measure damages in terms of culpability.

Fast Facts

  • Personal injury lawsuits are dropped, dismissed, or withdrawn about 70% of the time.
  • There were almost 25,000 slip and fall fatalities in the United States in 2006.

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