In general a wrongful death claim can be pursued in cases which could have resulted in a personal injury lawsuit had the victim survived. Each state has its own set of wrongful death laws which lay out who can bring a wrongful death claim and under what circumstances, as well as who is entitled to wrongful death compensation, how it is to be divided up, and any limits or limits. Wrongful death compensation can offset the financial burden created by the death of a loved one, and help families maintain the standard of living they were accustomed to, and opportunities which could have been destroyed.
Purpose of Wrongful Death
The purpose of a wrongful death claim is to compensate the survivors of the decedent, shifting the financial burden from the loved ones to the party responsible for the death. Punitive damages are sometimes available, but punishment is not the primary purpose.
Wrongful death is not a criminal action, and no crime needs to have occurred. Negligence is enough. Examples of types of wrongful death claims include:
- Motor vehicle accidents
- Medical malpractice
- Nursing home neglect and abuse
- Slip and fall
- Negligent security
- Construction accidents
- Accidental drowning
- Industrial accidents
- Defective drugs
- Fatal school sports injuries
- Assault and other intentional violence
Damages
Compensation for monetary and non-monetary damages can be recovered through a wrongful death claim. Monetary damages can include:
- Medical expenses incurred prior to the death of your loved one
- Funeral and burial expenses
- Financial support such as the projected future income of the deceased
- Lost inheritance
- Estimated dollar value for hiring someone to perform services which the decedent normally performed, such as childcare, housekeeping, home maintenance, and more
Non-monetary damages are rather arbitrary, but not random. It is impossible to place a true dollar value on the loss of a loved one’s presence in your life, but the courts have set standards which vary from state to state. Your relationship to the deceased also affects the type of non-monetary damages you may be entitled to. Non-monetary damages can include:
Loss of companionship, support, protection, guidance, care and love, nurture, counsel, advice, assistance, and comfort
Physical and emotional pain and suffering of the decedent
Eligible Survivors and Beneficiaries
Each state has laws which determine who is an eligible beneficiary in a wrongful death claim depending on your relationship to the decedent, your age, the decedent’s age, and other factors. Beneficiaries will almost always include:
- Estate of the decedent
- Spouse
- Minor children
Other survivors may include:
- Adult children
- Parents of minor children
- Parents of adult children
- Grandparents
- Siblings
- Other relatives
- Other dependents