Wrongful Death Law
What is Wrongful Death Law?
Wrongful death law applies in tort cases in which the defendant’s conduct has resulted in the death of the victim, leaving behind surviving family members and dependents who will suffer as a result of the victim’s absence. The purpose of these laws is to compensate the survivors, not the deceased victim. Wrongful death laws are found in modern state statutes. Time limits for filing suit, plaintiff qualifications, and permissible damages vary by state.
Unlike other tort doctrines, wrongful death did not exist at common law. English and early American courts did not recognize these actions. Instead, they followed a rule that said when tort victims died, the right to bring a case died with them. In the last century, lawmakers have come to recognize the injustice of the historical rule. Nowadays, wrongdoers who injure others cannot escape liability simply because the injury was severe enough to kill the victim.
Most jurisdictions distinguish between wrongful death and a related claim known as a survivor action. Both causes of action serve the purpose of holding tortfeasors responsible for their conduct when the victim dies. The difference is that wrongful death cases pay compensation to the victim’s family members for their own damages. They can recover for the loss of financial, emotional, and other support the victim had been contributing to the household.
Survival actions, on the other hand, pay for damages suffered by the victim as a result of the defendant’s actions. These can include compensation for pain and suffering, medical bills, and other damages that the victim endured between the time of the injury and the time of death. Damages in survival actions are paid to the victim’s estate, not to the family, although some of the money may eventually pass to family members as heirs or estate beneficiaries.
Claims for wrongful death arise most often in negligence cases. These are cases in which the defendant was careless, causing an accident or otherwise causing harm to the victim. Examples include automobile accidents and medical malpractice. Wrongful death can also occur as a result of the defendant’s intentional conduct, such as homicide. Finally, claims may result in situations involving strict liability, such as defective products or unsafe pharmaceuticals.
Unique Aspects of a Wrongful Death Case
Wrongful death claims are governed by statute. In contrast, negligence and other doctrines that apply in accident cases are products of judge-made law. The difference is important. Statutory causes of action like wrongful death are not as open to interpretation by the courts. State legislatures have debated and enacted specific requirements that plaintiffs must follow in order to be successful. Failing to meet the elements of the statute may result in dismissal.
It is also important to understand the relationship between civil and criminal proceedings brought against a defendant accused of wrongful death. The criminal case will be filed by a public prosecutor on behalf of the state. Charges may include first degree (premeditated) murder, second degree murder, voluntary manslaughter, and others. The jury must be convinced beyond a reasonable doubt, and a convicted defendant faces fines, jail, or death.
The civil case is a much different proceeding. It is filed by the victim’s family in order to recover money damages for their own benefit. The family must prove the underlying tort, and convince the jury by a preponderance of the evidence, meaning “more likely than not.” This is a lower burden of proof than the reasonable doubt standard. As such, a defendant may be acquitted of all criminal charges, and still be found liable in a civil wrongful death case.
Family members and dependents considering a wrongful death case must also be aware that the defendant will be investigating the details of their relationship with the victim, and presenting this information in open court. Damages in these cases are based on the victim’s contributions to the family. Thus, the defendant can reduce damages by showing the victim spent his or her income on other things, and did not have close emotional ties with the plaintiffs.
Of course, plaintiffs can conduct their own investigation of the defendant’s activities, and use the information to bolster their case. This is primarily accomplished through the “discovery” process. During discovery, the defendant can be forced to turn over documents, emails, and other evidence favorable to the plaintiffs. In a case based on negligence, for example, discovery may reveal that the defendant purposefully ignored risks to the victim’s safety.
Hiring a Wrongful Death Law Firm
Litigating a wrongful death case requires considerable resources and expertise. Attorneys who handle these cases have the ability to absorb the cost of preparing the case (they are paid only if the plaintiff wins), and they know the nuances of wrongful death law in their state. To learn more, schedule a consultation today.
Know Your Rights!
Articles About Wrongful Death
- The Elements of a Wrongful Death LawsuitWhen a person dies as the result of someone else's negligence, recklessness or deliberate action, surviving family members can file a civil wrongful death claim or lawsuit. For instance, wrongful death may occur as a result of negligence or intent when a victim dies in a traffic accident, a slip-and-fall accident or due to medical negligence, etc.
- What Types of Damages Are Recoverable in Wrongful Death Cases?A sudden death, like that resulting from an accident, leaves a void in a family’s life. Wrongful death laws vary by state. Generally, bereaved family members can seek money damages for both past losses, such as accident-related medical expenses and funeral costs, and future losses, such as future economic contributions to the family’s household.
- Federal Tort Claims Act Practice Alert: U.S. v. WongAccording to the United States Supreme Court, the two- year and six- month time limits in 28 U.S.C.§ 2401(b) of the Federal Tort Claims Act (FTCA) "are just time limits, nothing more. Even though they govern litigation against the Government, a court can toll them on equitable grounds."
- Safety Regulation Violations Lead to Charges in Employee DeathCharges were filed against employees of Bumble Bee Foods in the 2012 death of a worker who was performing maintenance on a 35-foot-long oven at the Santa Fe Springs Plant in California.
- Personal Injury Attorneys In California Need To Be On The Lookout For Legionnaires’ DiseaseFew people realize Legionnaires’ Disease can occur in nearly any location. The first reported outbreak of Legionnaires’ Disease outbreak was at a Legionnaires Convention at a hotel in Philadelphia in 1976. Since then, outbreaks have been traced in California and other states to building water systems, spas and pools, fountains, and ventilation and cooling systems in hospitals, nursing homes, apartment complexes, shopping centers, fitness centers, dental offices, and individual homes.
- Swim at Your Own Risk: Tips for Swim SafetyEvery year Memorial Day Weekend marks the unofficial start of the summer season and also the start of the season during which the risk of drowning exponentially increases.
- Infant Wrongful Death Due to Medical ErrorsNegligence resulting in the death of an infant at, or shortly after, birth is avoidable.
- Is a Medical Malpractice Attorney the Same as a Wrongful Death Attorney?If you or someone you know has recently lost a loved one due an incident of ‘Medical Malpractice’ – you may be wondering what your legal options are, and what type of attorney to consult with in order to get the legal advice you need. There are two types of attorneys you might want to consider and should contact in order to get the necessary legal advice to decide your best course of action.
- What is a Medical Malpractice Lawyer?If you or someone you know works in the medical field, you may have heard the term ‘Medical Malpractice’ – and you may be wondering “what is a Medical Malpractice Lawyer?”
- How California Lawyers Will Assess Autonomous Self-Driving Vehicle Accident LiabilityNow may be the most dangerous time in the short history of self-driving autonomous vehicles when automakers are testing their autonomous self-driving vehicles on the roads and highways in California, across the country and internationally to work the bugs out of their systems. But how will California autonomous self-driving vehicle accident lawyers assess and prove liability in accidents involving these cars once more of them are on the road? This article begins to examine just that.
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Wrongful Death Law - US
- Calculating Compensation in Cases of Wrongful Death
Death statutes in the United States list elements of loss for which a defendant must make compensatory payment. The element that economists as expert witnesses are called upon to calculate is net income, roughly defined as the decedent's income minus personal expenses.
- Wrongful Death - Overview
- Wrongful Death Claim - Wikipedia
Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute.