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Wrongful Death

Frequently Asked Questions: Personal Injury

Wrongful Death

November 12, 2008 |

When someone dies due to the negligent or wrongful acts of another, his or her surviving dependants or beneficiaries can claim monetary damages against the wrongful party through a wrongful death action. Today, every state has its own "wrongful death statute," enabling survivors to file these actions.

Though every state statute is unique, they all follow the same general principles. A wrongful death claim generally consists of the following elements: 1) the death of a human being who is typically referred to as the "decedent;" 2) the death was caused, in whole or in part, by the conduct of the defendant; 3) the defendant was negligent or acted with intent to cause harm; 4) the decedent has surviving a spouse, children, and/or beneficiaries; and 5) the survivors are suffering monetary injury as the result of the decedent's death.

Wrongful death actions can be brought against an individual, company or other entity. They can arise from a number of circumstances, including, but not limited to: medical malpractice that results in the death; automobile, airplane or other vehicle accident; workplace exposure or injuries; product liability; slip-and-fall injuries; and criminal conduct of the defendant.

The damages available to the survivors in a wrongful death action generally cover the loss of support and services, lost prospect of inheritance, medical and funeral expenses, and interest from the date of the death. Damages are determined based on a number of factors, including his or her age, character, condition, earning capacity, life expectancy, health and intelligence. A jury can consider the decedent’s earnings at the time of death and potential future earnings based on the other factors. The determination can become very complicated, and despite a jury's finding of an appropriate damages award, the judge can usually adjust it up or down for a variety of reasons. Punitive damages are only available in some states and in a limited number of wrongful death actions where the wrongdoing was particularly wanton and reckless -- punitive damages are awarded to punish the wrongdoer and deter others from behaving similarly.

Note that a wrongful death action is an action brought by the decedent’s survivors to recover for injuries they have suffered as the result of the death. There is a separate legal action, brought by the personal representative of the decedent's estate, called a "survival action." A survival action is a personal injury action brought by the decedent himself (the personal representative stands in the decedent's shoes to bring the action) for pain and suffering that he may have suffered due to the defendants' negligence or wrongful conduct prior to his actual death. If, for example, the descendent was in severe pain for several hours or days due to the wrongful act before he actually died as the result of it, he (through his personal representative) would have a "survival action" and his survivors would also have a wrongful death action.

If you believe that a loved one may have died due to the wrongful acts of another, you should contact a personal injury attorney with particular experience in wrongful death claims immediately. Just because an attorney has experience in personal injury cases does not mean that he or she will be an effective wrongful death attorney. Because of the complexity and uniqueness of wrongful death damages claims in particular, you should seek an attorney with specific experience handling wrongful death actions. The attorneys at LA Personal Injury Law Group have the wrongful death litigation experience to help maximize your recovery -- call us today to make an appointment.

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