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Ten Penn Center
1801 Market Street, Suite 2500
Philadelphia, PA 19103
215-875-0609 (office)
215-559-6209 (facsimile)

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Who can bring a wrongful death action?

A wrongful death claim represents a claim brought by one person in connection with the death of another individual due to the negligence or recklessness of a third party. The existence of a wrongful death claim is determined based upon state law. Some states require that wrongful death claimants be the decedent’s primary beneficiaries, including the spouse or children of a deceased individual. Many states permit parents to bring a wrongful death action, and other states allow dependents to bring wrongful death actions. In some cases, regardless of who brings a wrongful death claim, an award must be divided amongst the deceased’s heir in accordance with probate law requirements. In some cases, survivors may bring a direct action for loss of affection and companionship.

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