A wrongful death claim may arise if a family member, such as a parent, child or spouse, is killed as a result of the negligence of another. Sometimes, these claims arise as a result of an automobile accident, but sometimes, these claims arise from other acts, like failed surgeries or accidental gun discharge.
Recovery by Family Members. In a wrongful death claim, family members allowed by law to recover for the wrongful death, may be entitled to damages for the loss of companionship and other damages suffered as a result of the death. The Estate of the deceased person may also be entitled to recover certain damages.