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Wrongful death is a type of legal claim or cause of action against a person who can be held liable for a death. [1] The claim is brought in a civil action , usually by close relatives, as authorized by statute .
After filing a claim to satisfy Government Code Section 911.2, the claimant has an additional 6 months to file a lawsuit against a government entity unless the entity accepts the claim. [36] For wrongful death cases in California, people qualify to claim damages if they are the following: (1) the deceased person's surviving spouse; (2) the ...
Other jurisdictions view loss of consortium as an element of damages, not as an independent cause of action; in which case the claim must be brought under another tort. As an example, in suits brought under the State of Washington's wrongful death statute, loss of consortium is an element of damages. [4]
The family of a passenger who died in the midair collision near Washington, D.C., filed legal claims against the Federal Aviation Administration (FAA) and the United States Army, seeking $250 ...
Sep. 4—Lawyers for Catholic Medical Center want two wrongful-death lawsuits connected to the work of a former cardiovascular surgeon dismissed, claiming the suits were filed well past the ...
The 2019 carbon monoxide leak at Allen Benedict Court left two people dead and more than 400 looking for new homes after the property was evacuated for dismal living conditions. It was demolished ...
Recovery of damages by a plaintiff in lawsuit is subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant. This is known as the principle of proximate cause. This principle governs the recovery of all compensatory damages, whether the underlying claim is based on contract, tort, or both. [5]
However, unlike other tort cases, many states require that a plaintiff take specific steps before a medical malpractice lawsuit can be filed, such as providing the defendant with advance notice of intent to sue, obtaining and filing with the court a certificate of merit from a qualified medical expert who attests to the validity of the ...
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