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Wrongful Death

Wrongful death is a death caused by someone else - an individual, group of individuals, company, or organization - that can be the immediate or delayed outcome of someone else's negligence and the misconduct or negligence causing the death. Wrongful deaths can be intentional or unintentional and can occur in an instant or can be a long and agonizing event.

Wrongful death lawsuits are brought by the relatives of the deceased. The suits must be brought under a state's Wrongful Death statute, because there is no wrongful death cause of action under the common law.

Damages under this section shall be recovered in an action of tort by the executor or administrator of the deceased. An action to recover damages under this section shall be commenced within three years from the date of death, or within three years from the date when the deceased's executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action.

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