What is a Wrongful Death case? - Schiffrinpa

Wrongful Death claims can arise in situations where an entity or an individual engages in negligent activity, is careless or intentionally breaches his or her legal obligation, directly causing the death of a person. When a person dies or is killed as a result of the negligence or misconduct of another, including murder, the surviving members of the victim’s family may sue for ‘wrongful death’. It is important to note that a lawsuit for wrongful death may only be brought by the personal representative of the decedent’s estate.

Some examples of situations that may lead to a wrongful death claim include –

  • Medical malpractice (including misdiagnosis or botched surgery) resulting in the decedent’s death
  • Car or airplane accident
  • Occupational exposure to hazardous conditions or substances
  • Fatal slip-and-fall
  • Drowning accident in an unsecured swimming pool
  • Fatal dog attack
  • Malfunctioning of a defective product directly causing death
  • Criminal behavior
  • Death during supervised activities