Wrongful death

Wrongful death is a death caused by wrongful act or from negligence of another person or entity.

A wrongful death lawsuit claims that the victim was killed as a result of wrongful act or negligence on the part of the person or entity being sued and the victim's survivors are entitled to monetary damages as a result of the wrongful act or negligence. States have enacted wrongful death statutes providing compensation to the heirs or relatives of the victim as an incentive to act carefully and safely.

All states have wrongful death laws. Every state has a statute of limitations. You need to consult with a lawyer in your state to determine how the Statute of Limitations is applied. In many states like PA, NJ, Ohio, West Virginia, a lawsuit for wrongful death must be brought within two years from the date of death. State wrongful death statutes are independent of each other.

 

However they follow the same basic principles:

• the death was caused, in whole or part, by the conduct of the defendant;
• the defendant was negligent or strictly liable for the victim's death;
• there is a surviving spouse, children, beneficiaries or dependents; and
• monetary damages have resulted from the victim's death.

Wrongful deaths can occur as a result of:

• Medical malpractice.
• Neglect or abuse on the part of a nursing home.
• Criminal behavior.
• Automobile, bus, train airplane or other common carrier accident.
• Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.).
• Death during a supervised activity (sports tournament, field trip, etc.).

The allocation of damages between the victim's heirs is typically governed by statute, and is typically subject to court oversight. Courts may look to the laws of intestate succession in relation to how damages should be distributed, but can also approve distributions which award damages to certain family members who would not otherwise be legal heirs of the decedent's estate. In a wrongful death lawsuit, damages are permitted for:

• Medical, hospital, funeral and burial expenses;
• Compensation for the victim's pain and suffering, during any period of consciousness between the time of injury and death;
• Losses suffered by the victims's spouse, children, or next of kin, including:
  • loss of financial support
  • loss of service
  • loss of gifts or other valuable gratuities
  • loss of parental training and guidance
  • loss of society and companionship

If your family member or loved one has suffered from wrongful death, you may be entitled to compensation for wrongful death.