A wrongful death suit claims that the victim was killed caused by negligence (or different kind of unjust action) on the part of anyone or entity being sued, knowning that the victim’s survivors are entitled to monetary damages because of the the improper conduct.
This kind of claim is different from a normal negligence litigation, which is filed by the person injured for the resulting damages. Initially under “common law” (the general legal principles passed from England to the us over centuries), a wrongful death claim didn't exist based on the reasoning that the claim died with the victim where there is no way to compensate them for damages. The surviving family members then could not claim damages from the person who caused the victim's death. Throughout the years, states have passed wrongful death laws that offer pay out for persons who may have been damaged from the death of the victim and also an incentive to act carefully and safely. Currently, all states have some sort of a wrongful death claim action in effect.
While state “wrongful death statutes” were drafted independently of one another and are often completely unique, each of them keep to the same general principles. A wrongful death claim generally comprises four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) you will find there's surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death.
