What is Wrongful Death?

Wrongful death is defined as the taking of the life of an individual from the willful or negligent act of another person or persons. A wrongful death action may be filed by heirs or beneficiaries of the deceased person and is separate from criminal action. Thus, if someone is tried for murder or manslaughter, the family of the victim may also sue for wrongful death, regardless of the outcome of any criminal proceedings.

Wrongful death actions are an area of Tort law that is governed by statute. Statutes in wrongful death cases vary from state to state but generally define who may sue for wrongful death and what limits may be applied to an award of damages, if any.

Intentional and unintentional acts that cause an injury resulting in death may be brought to action for wrongful death. An intentional wrongful death could be something like an injury sustained during a fight that resulted in death, and an unintentional wrongful death could be something like a death that resulted from a car accident in which the other party involved was driving negligently. Wrongful death statutes do not apply to unborn fetuses.

If someone you love has died at another's hands as a result of negligence or a willful act, contact Whitley Law Firm to consult with a Raleigh personal injury lawyer.