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There are certain requirements that you must meet if you plan to file a wrongful death lawsuit. Contact a wrongful death attorney in your area to find out the exact proof necessary in your state, but here are some general guidelines. The death of the person was caused by another party's negligence (there are many ways that this can occur: accidents and medical malpractice are two of them). You must also have surviving family members of the deceased person to bring the claim, who are suffering monetary damages from the death. Finally, there must be an individual appointed to be in charge of the deceased estate.