Wrongful Death Simplified

Wrongful death refers to a legal claim that arises when a person is killed as a result of the willful or negligent act of another. Wrongful death is a civil claim. However, a person's act may also constitute a crime, such as murder, so that they may be prosecuted (i.e. charged criminally) and sued in a civil lawsuit.

The wrongful death concept is an outgrowth of a concern for providing financial support to a deceased decedent's heirs.

In most civil wrongful death cases, the burden of proof is placed on the plaintiff and the preponderance of the evidence is the level of proof required.

State tort law governs the particularities of wrongful death actions. On the whole, the heirs of a decedent may file a wrongful death action against the parties responsible for the death. In most states, a surviving spouse, child or next of kin may bring a wrongful death action. However, some states adhere to the doctrine of family immunity, which seeks to limit the circumstances under which a person might sue a family member.

The most likely damages that are awarded in an unlawful death lawsuit are compensatory damages. However, each state's laws will determine the amount and types of damages recoverable. As a general matter, however, the decedent's actual and prospective income, life expectancy and other factors are typically considered in order to determine the amount to be awarded. In the event that a particular defendant's acts are found to be especially reckless, or otherwise egregious, punitive damages may be awarded, as well.

As with most things, the amount of damages that will be awarded by a court in a wrongful death action depends on the particular circumstances. The key is in the details. For instance, whether the decedent was the sole income-earner in the family plays an important role. The emotional suffering endured by children and the now lacking support of a parent are also important considerations. These considerations will be emphasized by the plaintiff and are important to the court's decision.

While wrongful death actions often follow similar fact patterns, the particularities of each case can vary. Wrongful death actions can arise in cases ranging from medical malpractice on to auto accidents. Interested in learning more? I wrote another post titled 7 things you need to know about your wrongful death case.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

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