Wrongful Death - An Overview

Elements

In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being;
• Caused by another's negligence;
• The survival of family members who are suffering monetary injury as a result of the death, and;
• The appointment of a personal representative for the decedent's estate.

A wrongful death claim may arise out of a number of circumstances, such as in the following situations:

• Medical malpractice that results in decedent's death;
• Automobile or airplane accident;
• Occupational exposure to hazardous conditions or substances;
• Death during a supervised activity.

Damages

Pecuniary, or financial, injury is the main measure of damages in a wrongful death action. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Most laws provide that the damages awarded for a wrongful death shall be fair and just compensation for the pecuniary injuries to the persons for whose benefit the action is brought, resulting from the decedent's death. If the distributees paid or are responsible for the funeral expenses or medical care incidental to the injury that caused the decedent's death, they may also recover those expenses. Finally, a damage award will include interest from the date of the decedent's death.