A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another person(s), 3rd party, employer, another company or entity. A wrongful death lawsuit or cause of action is a remedy under law that belongs to the decedent's immediate family members, including surviving spouses and children, and in some cases the decedent's parents and even the siblings( brothers & sisters). In many states, a lawsuit for wrongful death may only be brought by the personal representative of the decedent's estate. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions. 

Decendent's Survival Action

Another cause of action that may be available is called a "survival action" which is for the decendents own personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death. Such survival actions or lawsuits are usually only brought by the personal representative of the estate. The monetary damage awards from these survival actions belong to the estate and may pass to different parties as directed by the decedent's will, if any.

Elements of a Wrongful Death Lawsuit

The law provides monetary damages in an attempt to remedy both the emotional and financial losses resulting from wrongful death.  In a wrongful death action, the following types of damages may be available:

• Loss of future companionship,
• Loss of society,
• Loss of the comfort,
• Loss of services of monetary value,
• Loss of support,
• Past medical expenses incurred before the decedent's death,
• Funeral expenses,
• Survival damages that the decedent would have recovered if he or she had lived and 
• Pain and suffering, if consciously experienced by the decedent prior to their untimely death

Contact a Wrongful Death & Injury Lawyer