Wrongful death

WRONGFUL DEATH

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If the injury suffered results in the death of the plaintiff, then that person’s estate may assert what is known as a wrongful death claim. A wrongful death claim is a claim wherein the injured party rather than having simply suffered personal injury has actually died as a result of the conduct of the defendant.

A wrongful death claim may be based upon a negligence theory, a breach of warranty theory or based upon an intentional tort theory such as assault and battery. Wrongful death claims are a fairly recent phenomenon in that the common law did not recognize wrongful death claims on the theory that once a person had died obviously there was no amount of money that could compensate him. As such, his claim died with him. The state legislatures, however, over the years have come to recognize that even though death may bring an end to the suffering and damages incurred by the decedent there may be persons left behind who have been damaged and may continue to be damaged in the future as a result of the passing of that person. Every state has its own wrongful death act. Typically the damages recoverable are damages consisting of solace and grief experienced by the survivors, loss of earnings suffered by the dependents left behind as a result of the death of the decedent and his subsequent inability to generate income, any medical expenses incurred by the decedent in his last illness and the funeral expenses.

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