wrongful death


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Death caused by negligence or other wrongful act

wrongful

Forensic medicine An adjective with considerable medico-legal currency, used in several contexts. See Negligence.
Wrongful
Wrongful death An event that is usually regarded as negligent. See Negligence.
 Wrongful birth An event resulting from the failure of a contraceptive or sterilization procedure, eg fallopian tube liagation, failure to diagnose pregnancy, or an unsuccessful attempt to abort a conceptus.
Wrongful life An event in which legal action may be taken by–or on behalf of the baby suffering from a hereditary or congenital defect, eg Down syndrome or other disease, eg rubella, who would not have been born had the parents had the knowledge to opt for an abortion; WL represents either the failure to diagnose in utero a condition that would lead to a major life-long handicap or recognize such a condition in a sibling, allowing a 2º, similarly afflicted, child to be born; the child is the defendant named in a lawsuit initiated to defray the incurred and anticipated medical, nursing and related health expenses; in both WB and WL, the defendant may be liable for support and care of the infant from 'cradle to grave'

wrongful death

Loss of life caused by negligent, illegitimate, or illegal acts.
See also: death
References in periodicals archive ?
Legal-Bay is committed to assisting victims involved in all personal injury, maritime law on the ocean or Mississippi River, wrongful death suits, or Jones Act cases, including boats, yachts, cruise ships, fishing boats, or other water vessel accidents, as well as other water accident cases such as hotel or residential swimming pools or water or amusement park accidents.
In addition, Grayson & Grayson Law Firm also handles medical, hospital and pharmaceutical malpractice claims, legal malpractice claims, liability and wrongful death claims.
However, because Natalie's survivors would experience their personal harms where they lived, the court decided that compensatory damages would be determined under Pennsylvania's wrongful death law, which included certain noneconomic damage elements.
HAVING DECIDED THAT A SINGLE CO-ADMINISTRATOR MAY NOT MAINTAIN A WRONGFUL DEATH SUIT, THE COURT DECIDED THAT A CO-ADMINISTRATOR MAY BE JOINED AS A PARTY PLAINTIFF AFTER THE STATUTE OF LIMITATIONS HAS RUN.
She also claimed that the new section did not affect her constitutional right to pursue a wrongful death claim, which is based on injury to the heirs of the decedent and not solely on injuries to the decedent.
The Legislature in 1862 set the state's first limit - $5,000 - as the maximum that could be awarded to survivors for loss of companionship and emotional suffering stemming from a wrongful death.
Illinois courts have struggled over the years with defining what types of injuries are considered "pecuniary injuries" compensable under the Wrongful Death Act.
In attempting to fix the outer boundaries of liability, courts have sometimes looked to wrongful death laws.
For example, to resolve a wrongful death suit against a nursing home in southern California, the facility settled for $1 million in February 2004, according to Sylvia Taylor, executive director of Long Term Care Services of Ventura County.
Congress boosted the business in 1982, when it passed a law allowing claimants in lawsuits involving personal injury, wrongful death and workers' compensation to receive settlements as a stream of tax-free income payments instead of a lump sum.
Carolyn Mosley filed a wrongful death suit in November against the Austin Independent School District on behalf of herself and her 15-year-old daughter, Otralla Mosley.
The boy's parents, actress Ursula Karven and TV producer James Veres, sued Lee for wrongful death, accusing him of negligence for failing to have a lifeguard at a birthday party for Lee's son Brandon.