What is a Wrongful Death Claim?
Related Areas of Law: Killed on the Job - Negligence - Intent to Cause Harm
- Occupational Hazard -
Damages - Wrongful Death Lawsuit
Federal or state law that provides a right of action to
the survivors of a person killed because of the negligence of a defendant or
where the defendant is otherwise liable for the death.
This type of claim is different from a normal negligence lawsuit, which is
filed by the person injured for the resulting damages. Originally under
“common law” (the general legal principles passed from England to the United
States over hundreds of years), a wrongful death claim did not exist based
upon the reasoning that the claim died with the victim where there was no
way to compensate him for damages. The surviving family members then could
not claim damages from the person who caused the victim's death. Over the
years, states have passed "wrongful death statutes" that provide
compensation for persons who may have been damaged from the death of the
victim as well as an incentive to act carefully and safely. Today, all
states have some form of a wrongful death claim action in force.
Excerpted
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