Law Articles

Return to Law Dictionary Index

Personal Injuries Resulting in Wrongful Death Cases

by Paul Hood

A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant's), and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct. Different states have their individual statutes that tackle the issues with regards to wrongful death. Moreover, many states do not follow the same guidelines when it comes to wrongful death cases.

As mentioned above, there is a variation in the laws enacted by each state pertaining to wrongful death. Two types of lawsuit are being adopted in hearing cases namely the "true" and the "survival acts." Legalwolf.com offers this in-depth explanation of the two. Some states have "true" wrongful death acts in which the next of kin are entitled to bring a cause of action in their own names as a result of damages sustained following the decedent's death. Other states have acts that are more properly called "survival acts," which preserve the rights that vested in the decedent at the moment of death, expand those rights to include the right of the survivors to bring a claim based on the decedent's rights, and include claims for damages resulting from the actual death itself. Finally, some states recognize both types of lawsuits, but generally have a provision that limits the right of the survivors in order to prevent a double recovery under the two different theories. Other states have acts that are more properly called "survival acts," which preserve the rights that vested in the decedent at the moment of death, expand those rights to include the right of the survivors to bring a claim based on the decedent's rights, and include claims for damages resulting from the actual death itself. Finally, some states recognize both types of lawsuits, but generally have a provision that limits the right of the survivors in order to prevent a double recovery under the two different theories.

When a defendant is found legally liable for the death of another, the types of damages that may be recovered can also vary greatly. For example, the plaintiffs may be able to recover the costs of the deceased's medical care and treatment related to the negligent conduct, the funeral expenses incurred for the deceased's burial, the loss of future earnings of the deceased, the value of the loss of the deceased's benefits (such as pension benefits or medical and health insurance coverage), the value of the loss of consortium, and general damages. Additionally, in a few states, the plaintiffs may be able to recover damages for pain and suffering or mental anguish that they experienced as a result of the death, as well as punitive damages.

Return to Personal Injury Law

Return to Law Dictionary Index