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When a person's death was caused by the wrongful act or neglect of another, wrong death statutes provide the decedent's successor's in interest and dependents with a cause of action for loses they have personally suffered as a result of decedent's death.
The individuals that have standing to bring a wrongful death action consist of the decedent's personal representative, the surviving spouse, children and issue, a domestic partner, surviving interstate heirs, putative spouse, children of putative spouse, stepchildren or parents and minors.
A plaintiff in a wrongful death is entitled compensatory damages such as pecuniary damages, which reflect the financial benefits survivors were receiving from the decedent at the time of the decedent's death and those reasonably expected in the future, and nonpecuniary damages for loss of society, comfort care and protection.
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