When a death is caused by the misconduct of another person or company it is called a "wrongful death". This can range from an act of negligence or carelessness to an intentional or reckless act. It can be the act of a single person or of a corporation, such as a drug company. The law provides for the compensation of the survivors when a wrongful death occurs.

Who has the right to be compensated for a Wrongful Death?

The laws of each state identify the persons entitled to compensation for a wrongful death. It is common for the list beneficiaries to include the spouse and minor children of an adult deceased. The estate of a deceased usually has rights to compensation as well.

Who makes the claims for a Wrongful Death?

The Personal Representative of the Estate of the deceased brings any claim and assures that the interests of each survivor are protected. The Personal Representative is frequently a spouse or parent of the deceased. In situations where no Estate is needed for probate purposes it is necessary to open an Estate to accomplish the appointment of a Personal Representative.