Wrongful Death
- What justifies a wrongful death?
- When a person is killed due to the negligence or 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. This area of tort law is governed by statute and varies from state to state, but in general they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages.
- A wrongful death claim generally consists of four elements:
- 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.
- Monetary damages have resulted from the victim’s death.
- When a person is killed due to the negligence or 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. This area of tort law is governed by statute and varies from state to state, but in general they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages.
Examples of wrongful conduct that may lead to death include drinking and driving, manufacturing a deficient product, building an unstable structure or failing to diagnose a fatal disease. A wrongful death action is separate and apart from criminal charges, and neither proceeding affects nor controls the other. This means that a defendant acquitted of murder may be sued in a civil action by the victim’s family for wrongful death.
