Wrongful Death Statute

Every state has a wrongful death statute that allows family members to potentially recover damages from a party who negligently or intentionally caused the death of a loved one. While there may be accompanying criminal charges files against a person who recklessly or intentionally acts so as to cause the death of another person, a wrongful death lawsuit is a purely civil action that permits financial recovery only. Among the types of expenses that the family of a deceased person might seek are medical expenses, funeral charges, and the loss of future support and/or income for the decedent's family. In some states, punitive damages may be available through a wrongful death action, as well, depending on the fact and circumstances surrounding the case. Ultimately, the amount of potential recovery pursuant to a wrongful death action depends on the family relationship of the decedent at the time of his or her death, his or her earnings and future earnings potential, and the age and health of the decedent at the time of death.

Fast Facts

  • On average in 2007, there was one alcohol-related traffic fatality every 40 minutes.
  • Only 1 % of large truck drivers involved in traffic fatalities in 2007 was intoxicated.

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  • Wrongful Death Statute of Limitations

    Even though it can be a very stressful and upsetting time for surviving family members, it is very important t...
    • Site: lawfirms.com
    • 8 of 10 user(s) found this useful
  • Wrongful Death Civil Lawsuits

      Wrongful death civil lawsuits are designed to award monetary damages to the survivors a person who was kille...
    • Site: wrongfuldeathlawfirms.com
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  • Filing a Wrongful Death Complaint

      Filing a wrongful death complaint is important if a loved one died as a result of someone else’s negligent o...
    • Site: wrongfuldeathlawfirms.com
  • What is Wrongful Death?

    Wrongful death is a civil action brought by a personal representative of a decedent’s estate. The action is br...
    • Site: lawfirms.com
  • How to File a Wrongful Death Claim

    There are four main elements of a wrongful death claim and if one of the four is not met the claim will not st...
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