What is considered a wrongful death?

The GWDA defines a wrongful death as one “caused by the wrongful act or omission of another.” In this sense, a wrongful death claim is like a personal injury claim in which the victim has died. A wrongful death can occur in many different situations, including those that involve:

  • Slip and falls
  • Dog bites or other animal attacks
  • Construction site and other workplace accidents
  • Car accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Truck accidents
  • Defective drugs or medical devices
  • Nursing home abuse
  • Medical malpractice (such as a missed or delayed diagnosis)

Keep in mind: A wrongful death claim is a civil action. So, it is separate and distinct from any criminal action against the party responsible for the death. While a criminal action can result in punishment of the wrongdoer, only a civil action can lead to a recovery of compensation.