Wrongful Death Suits 101

When an individual passes away due to the negligence of another party, compensation for surviving loved ones can be sought out should they choose to take legal action.

Fortunately if you’re interested in the concept of wrongful death suits, the experts at nolo.com have compiled everything you need to know:

“What is a Wrongful Death Claim?

A wrongful death claim exists when a person dies due to the legal fault of another person. “

“Wrongful death claims involve all types of fatal accidents from simple car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally.

Who May Sue for Wrongful Death?

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. “

“Who May Be Sued for a Wrongful Death?


Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:

  • The driver or employer at fault in the automobile accident
  • The designer or builder of the faulty roadway
  • A government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
  • The manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
  • The persons who sold, served, or gave alcohol to the impaired driver, or
  • The owner of the premises where the alcohol was served.”

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