Law & Society

The death of a loved one is always a trying and traumatic time. The pain is even greater however, when the death is preventable. It is reasonable for surviving family members to ask themselves questions about wrongful death claims if they suspect something could have been done.

What Is a Wrongful Death Claim?
Historically, tort law, which is primarily based on English common law, had no provisions for collecting damages for an injury if the claimant died. According to common law, the claim died with the claimant. Family members of the decedent could not collect damages. To address this legally, states began adopting laws that would address wrongful death, the primary tenet of which is that the life that was ended was cut short, resulting in financial loss.
There are four components to a wrongful death claim:
• The death must have resulted from an injury caused by the defendant
• The defendant was either strictly liable of negligent in the death
• The decedent left surviving dependents
• Real monetary losses are suffered by the dependents

If one or more elements are missing, there can be no wrongful death case. For example, if a child is killed in an auto accident, a wrongful death claim might not be possible since the child was probably not supporting the family financially.

Who is Responsible for a Wrongful Death?
There are many types of accidents that occur where a family may file a wrongful death claim. In most cases, the party responsible for the death must meat the criteria above. Defendants may be found responsible for the death of the victim in any of the following situations:
• Vehicle accident
• Medical malpractice
• Defective product
• Construction accident

In some cases, there may be more than one party who can be found negligent or strictly liable for damages. For example, in a trucking accident, the trucking company may not only include the driver of the vehicle, but possibly the trucking company itself, if it is determined, their negligence in adequately training the driver was determined to be a factor in the case.

How is Compensation Determined?
Most states have adopted life expectancy tables to calculate how much compensatory damages can be claimed in a wrongful death lawsuit. By calculating the victims earnings at the time of death and up to their age of retirement, they can get a sense of what the victims earnings may have been had they lived. These calculations usually also take pensions and medical benefits into consideration. The future losses are often reduced to present value in an attempt to ensure that the victim's family is not overcompensated.

Damages may include:
• Lost wages
• Mental anguish
• Pain and suffering
• Medical expenses
• Loss of companionship
• Punitive damages

Some states also cap the amount of punitive damages that may be incurred. Punitive damages are meant to punish the responsible party for the death of the victim.