A wrongful death claim may be brought when one person or entity is responsible for the death of another. The laws surrounding wrongful death claims can be complex, however. Provided here is a general guide to the legal issues surrounding wrongful death.

History of Wrongful Death Actions

Under English common law, family members of someone wrongfully killed had no right to sue the wrongdoer. Parliament changed this in 1846 by passing Lord Campbell’s Act. Every state in the U.S. has since passed similar laws allowing family members to sue for damages.

 

Elements of a Wrongful Death Lawsuit

In order to bring a wrongful death lawsuit, several criteria must be in place. If any element is missing, the suit may not proceed.

1. Death of a human being.
2. The death was caused by either the negligence or actions of another person.
3. Surviving family members who suffer economic losses as the result of the death.
4. The appointment of a personal representative to handle the person’s estate.

Damages Awarded in a Wrongful Death Suit

The damages that are awarded in a wrongful death suit are pecuniary, or financial. Loss of support, services, future inheritance and medical and funeral expenses are the main types of damages that may be awarded.

Consequently, the damages that may be recovered are governed by life expectancy, state of health, current earnings and numerous other bits of hard data. If the person was unemployed at the time of death, damages may be recovered based on previous and projected future earnings. Wrongful death of a homemaker will result in damages that are largely based on the cost of replacing the services that the person provided to the family.

Because damages are pecuniary in nature, the sum that may be awarded for the wrongful death of a child or elderly person is generally modest. The child’s death may result in a loss of future financial support for the parents, while the elderly person’s death may result in some loss of income for the household. However, if there is no current family to support, the damages awarded are generally less.

Typically punitive damages are not awarded in a wrongful death suit. However, some states have guidelines that allow for punitive damages based on the evidence.

Although it is possible for the family to bring a suit for pain and suffering on behalf of the deceased, this is generally a separate claim. Pain and suffering damages are generally not awarded as part of a wrongful death claim.

Criminal Homicide

A wrongful death lawsuit is separate and distinct from a criminal homicide case. The two may, however, be filed simultaneously. If the wrongful death case is brought first, the defendant is entitled to use his Fifth Amendment right against self-incrimination. Otherwise, the state may use the defendant’s statement in the wrongful death suit against him in a later criminal trial.