About Wrongful Death Law Suits

When loved ones die, families face a multitude of problems, including financial difficulties. Wrongful death actions help a family target the person that caused the death of their loved one and seeks to limit the financial burden that the death has on the family. This article will explain what must be done to recover under a wrongful death statute.

What is Wrongful Death?

Wrongful death claims are created by statute. Most states have a wrongful death statute that allows you to recover if you lose a loved one because someone's negligence. Before the creation of wrongful death statutes, there was no recovery in negligence for someone that died as a result of that negligence. The belief was that damages were designed to compensate individuals for injuries, so if they died, they no longer had any damages.

Elements of a Wrongful Death Suit

In order to prove a wrongful death suit, most states require that you prove that there was a death, which was proximately caused by the defendant, resulting in damages to a person or persons who are related to the decedent in a manner defined by the statute. They must bring their claim before the court within the statute of limitations.

Survival Action

Some states also provide a cause of action for survival, which is different from a wrongful death claim. A wrongful death claim is brought for the benefit of the survivors to compensate them for the loss of their loved one. On the other hand, a survival claim is brought by the decedent's estate, to recover damages sustained by the decedent prior to his or her death.

Who can bring a Wrongful Death Claim?

Each state's statute defines the class of people who can bring a wrongful death claim, however most states require that the claim be brought by a spouse, parent or child of the deceased. Some states allow the action to be brought by any person related to the deceased person, and some states go even further and allow anyone who was dependent upon the deceased to bring a claim.

Future Earnings

Most wrongful death statutes also allow for the recovery of a person's future earnings. This allows a family to recover the money that would likely have been earned by the deceased had they been allowed to live until natural death. The amount that would be awarded under this theory is calculated by the deceased's health status and employment record.

Punative Damages

Punitive damages are awarded to punish the wrongdoer, and to deter such behavior in the future. While they are allowed in negligence actions, they are not allowed by most wrongful death statutes.

Statute of Limitations

Most states require that wrongful death actions be brought within three years of the death of the injured person. Because failing to bring the suit within the statute of limitations is a complete bar to bringing the suit at all, it is imperative that you confirm the statute of limitations in your state.