subject: General Legal Information About Wrongful Death Lawsuits And Issues [print this page] A person or entity that causes someones death may be held responsible for financial losses caused by the death under a wrongful death claim. A wrongful death claim may result from any number circumstances including, among others, medical malpractice, criminal behavior, occupational exposure to hazardous conditions or substances, or vehicle accidents. Usually a family member or representative of the deceased person files the lawsuit.
Courts usually award damages only to spouses, children, and, sometimes, parents. Compensatory damages typically cover medical costs, funeral expenses, lost income, and lost future income. How much the family recovers depends on the age of the deceased and how much he or she contributed to family finances and would contribute in the future. Some states permit punitive damage awards to punish and deter the conduct that caused the death.
Courts generally do not award damages for emotional distress caused by the death. Families cannot receive compensation for the pain and suffering of the deceased person through a wrongful death claim, but they may be able to do so through a personal injury claim.
While each state has its own wrongful death statute, all stem from four basic principles: 1) the accused caused the death in whole or in part; 2) the accused was negligent or strictly liable for the death; 3) beneficiaries or dependents survive the decedent; and 4) monetary losses resulted from the death.
A wrongful death case is a civil case pursued by the decedents estate or family in order to recover damages from the death. The state may also prosecute the case as a homicide in a criminal court, which does not result in awards for the estate or family. Because the burden of proof is higher in a homicide case than in a wrongful death case, it is possible for a defendant to be found civilly liable for a wrongful death but not criminally responsible for the same death.
