Torts · Wrongful Death
Clear answer to: What Happens When Wrongful Death in Torts? with key cases, examples, and exam tips for law students.
When a wrongful death occurs, the deceased's estate or surviving family members can pursue a civil lawsuit for damages against the responsible party. Damages may include economic losses, loss of companionship, and funeral expenses.
Wrongful death claims arise when an individual dies due to the negligence or intentional act of another. In tort law, these claims allow family members or representatives of the deceased to seek compensation for their losses. It recognizes the profound impact that a person's death has on their loved ones and provides a legal avenue to obtain damages for such loss.
The elements of a wrongful death claim generally include proving the defendant's negligence or wrongful act, demonstrating the death of the plaintiff's family member, establishing a causal connection between the wrongful act and the death, and showing that the surviving family members have suffered damages as a result. The statutes governing wrongful death vary by jurisdiction, including who can file a claim and the types of recoverable damages.
In terms of damages, survivors can claim both economic and non-economic damages. Economic damages might consist of medical expenses, burial costs, lost wages, and future earnings the deceased would have contributed. Non-economic damages may include loss of companionship, emotional distress, and pain and suffering experienced by the survivors. Some jurisdictions impose caps on noneconomic damages, while others do not.
Certain notable cases illustrate the evolution of wrongful death claims, including *Dumas v. Borkowski* (1987), which emphasized emotional damages, and *Durschlag v. City of Los Angeles* (1955), which defined the parameters of liability. These rulings highlight the courts' recognition of the profound impacts of wrongful death on family dynamics and permissible recoveries.
Ultimately, the wrongful death action is a vehicle for holding the responsible party accountable while providing necessary support to surviving relatives as they navigate an emotionally trying process following the loss of their loved one.
Consider a scenario where a driver negligently runs a red light and collides with a vehicle carrying a passenger who subsequently dies from their injuries. The deceased's family can file a wrongful death lawsuit against the driver for the economic and non-economic losses they have suffered due to their family member's untimely death.
Exam questions on wrongful death often test your understanding of the elements required to establish a claim as well as issues relating to damages. Be prepared to analyze case law and apply it to hypothetical fact patterns.