Wrongful Death

When a death is caused by the misconduct of another person or company it is called a "wrongful death". The misconduct can range from an act of momentary negligence or carelessness to an intentional or reckless act. It can be the act of a single person or of a corporation, such as a drug company. The law provides for the compensation of the survivors when a wrongful death occurs, just as it provides for the compensation of a victim who has been injured by similar misconduct...Has Someone You've Known Been a Victim of a Wrongful Death?

The laws of each state identify the persons entitled to compensation for a wrongful death. It is common for the list of survivors (sometimes called "beneficiaries") to include the spouse and minor children of an adult deceased. Sometimes, the definition of minor children includes persons older than 18. It is also common for the survivors to include the parents of a minor child deceased. The estate of a deceased usually has rights to compensation as well.

“Has Someone You've Known Been a Victim of a Wrongful Death?”

Many other states also recognize the rights of relatives other than those mentioned if they were dependent upon the deceased for support or services.

The losses or damages vary somewhat from state to state. They also are dependent upon the relationship of the survivor to the deceased. One example: a spouse is usually entitled to be compensation for the loss of the love, affection, companionship, support, and services of the deceased for the period of their joint life expectancy. Another example: a "minor" child (who might actually be in his or her twenties) is usually entitled to recover for the loss of the guidance, affection, support, and services of the deceased.

In each instance the law seeks to allow compensation for the actual losses that have been experienced by each individual survivor.

It is also common for the Estate to have the right to seek compensation for the loss of the prospective estate that would have accumulated had the wrongful death not intervened. Lastly, medical and funeral expenses are normally recoverable by the Estate or the survivor who has paid or is obligated to pay them.

Do you have a case involving Wrongful Death?