A wrongful death takes place when a person is killed because of the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent’s immediate family members. Usually these cases are brought by surviving spouses and children, and sometimes parents. A suit for wrongful death may only be brought by the personal representative of the decedent’s estate. Every state has a civil “wrongful death statute,” or set of statutes, which establish the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent’s death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent’s will. Not all families set up an estate after the loss of a loved one. We recognize this. Ms. Bertram can help you set up the Estate if we decide the case has merit case.