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A “Wrongful Death” occurs when a person dies as a result of another’s negligence or malpractice. The underlying principles of negligence and malpractice remain the same, only the measure of damages change. A “Wrongful Death” can be caused by a negligent driver in an auto accident, a negligent driver in a truck accident, or from the negligence of a doctor or a hospital. If the injured person survives, he or she is entitled to a recovery for personal injuries. However, if the injured person dies, damages move from the injured person to the surviving spouse and in some cases to the decedent’s children or estate. The claim must be brought by the decedent’s Personal Representative. Like Personal Injury and Medical Malpractice claims, the lawyers of Eastmoore Crauwels & DuBose have handled dozens of Wrongful Death actions and are well equipped to aggressively litigate the rights of all survivors.
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