| About Personal Injury Law |
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| Wrongful Death |
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Wrongful Death
If your loved one died as a result of another person's negligence or intentional act, you have the right to bring a lawsuit for wrongful death. The primary purpose of wrongful death statutes is to transfer from the dead person's survivor to the wrongdoer some of the impact inflicted by the loss due to wrongful death. Economic losses, loss of consortium, and pain and suffering are the three types of damages available for wrongful death.
To win a wrongful death action, you must prove that your deceased loved-one has a valid personal injury claim, that is, that the other person who caused the death was at fault had your loved one's death not occurred. You are entitled to recover not only the pain and suffering of the decedent, but also the pain and suffering you experienced due to the death of your loved-one.
Survivors who can institute an action for wrongful death include the surviving spouse and minor children of the deceased, and any dependent blood relatives. If your loved-one was a minor, you can sue as a surviving parent. Depending on state law, the term "minor children" does not necessarily mean someone who has not reached the age of majority. Some states consider any child under 25 years old as minor for purposes of wrongful death statutes.
To determine the extent of the emotional loss that you suffer, the jury may consider the technical nature and the closeness of the relationship that existed between the survivors and the decedent. For instance, if it can be proven that the deceased and the surviving spouse had a rocky marriage prior to the death, a jury may not award for mental pain and suffering or for loss of consortium. Children of the decedent who were not supported prior to his death will not get much for economic losses.
You may want to seek an advice of a lawyer to know what other damages you are entitled to as a result of the wrongful death of a loved-one.