Wrongful Death

Pronunciation: RONG-ful deth

Torts › Torts

Definition

Statutory action by survivors for their own losses (support, companionship, consortium). Brought by personal representative for statutory beneficiaries. NOT decedent's pain/suffering. Defenses available against decedent apply.

Related terms

• Survival Action — Decedent's own tort claims survive death; estate recovers for decedent's injuries — pain, suffering, medical expenses, lost earnings…
• Negligence — A tort based on the defendant's failure to exercise reasonable care, resulting in harm to the plaintiff. Negligence…

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