wrongful death

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Related to Wrongful Deaths: Wrongful death claim, Wrongful killing
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 ?
17) Nevertheless, state and federal courts sometimes applied early state wrongful death laws to high seas fatalities.
The plaintiff was time-barred from suing the at-fault vessel operator in personam under the Massachusetts or Pennsylvania wrongful death statutes.
Enacting a federal maritime wrongful death statute for use in U.
Had the Lauritzen choice of law rule been in place before 1920, with situs no longer being dispositive, maritime claimants and courts could have more easily invoked the wrongful death acts of states having an interest.
Whether a wrongful death action lies for the death of an unborn child hinges in large part on the gestational development of the fetus.
For instance, a Georgia court has applied a "quickening" test so that if a child was able to move in the mother's womb at the time of death, then a wrongful death action could lie.
Judicial forums have consistently based their recognition of the wrongful death action on a number of key considerations.
Notwithstanding the clear majority trend, some states have decided to maintain the position that a wrongful death action cannot lie for the negligent death of an unborn child.
For a free consultation from expert wrongful death attorneys from Grayson & Grayson, a no-obligation online form can be filled out at: http://www.
In agreeing with the Third Circuit, the Supreme Court concluded that the purpose of Moragne was to extend the remedies available to seafarers, and that Moragne "showed no hostility to concurrent application of state wrongful death statutes.
Therefore, it ruled, general maritime law remedies for wrongful death do not preempt state law remedies for wrongful death in cases that involve non-seafarers in U.
While Yamaha allows plaintiffs to supplement federal maritime remedies with state wrongful death remedies, the Court did not decide whether federal standards of liability should be similarly expanded.