Who is entitled to bring a wrongful death claim?
It depends on the jurisdiction in question. Generally, the primary beneficiaries of the individual-often the spouse and children-are able to bring a claim, and in some states the parents of the deceased may be also designated as beneficiaries. In most jurisdictions, in order to be legally responsible for the death of another person, the law does not require that the defendant’s conduct be the sole or any cause of the death. Even when the defendant’s negligence contributes in part, or in conjunction with other circumstances, to the decedent’s death, liability may still attach. Generally, a wrongful death cause of action can arise out of any act of negligence, including an intentional act, or a reckless act, or strict liability. When a defendant is found legally liable for the death of another, the types of losses that may be recovered can also vary greatly. For example, the plaintiffs may be able to recover the costs of medical care and treatment related to the negligent conduct, the fu