In order to bring a successful wrongful death cause of action, the following elements must be present: the death of a human being, caused by another's negligence. Often, there are surviving family members who are suffering grief or loss of companionship sometimes accompanied by a monetary injury as a result of the death. The action may be brought by the surviving spouse, children or parents and sometimes a personal representative appointed to represent the decedent's estate, if nesccessary.
A wrongful death claim may arise out of a number of circumstances, such as, for example, the following situations:
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