What is a “Wrongful Death” claim?
A “wrongful death” claim is a statutory cause of action that may be brought on behalf of a surviving spouse, children, and parents of a decedent to compensate them for the losses they sustained as a result of the wrongful death of their family member. The “wrongful” act that resulted in death may have been intentional, reckless, or negligent as long as it is of the character that would have permitted the decedent to maintain an action for injuries had death not resulted.