Wrongful Death: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

Wrongful Death

Wrongful Death claims are usually brought by the estate of a person who was killed due to fault of another. The most common plaintiffs are the surviving spouse or the children of the deceased. The wrongful death laws differ from state to state. Generally, the elements are the same and include a death of a human being which was caused either by negligence or the intent to harm. The surviving family members usually need to be suffering a monetary injury as a result of the death. A wrongful death lawsuit often ties in with other personal injury lawsuits including vehicle accidents or medical malpractice.


Recently in Wrongful Death Category

When Can You Sue for Loss of Consortium?

Loss of consortium is a personal injury claim that can lead to damages for loss of affection and normal marital relations. In some cases, loss of consortium can also apply to a relationship between parents and children.

So when can a loss of consortium claim be made, and what will you have to prove in order to prevail in court?

Here are some general guidelines:

A New York jail inmate was found dead in his cell in February, with officials citing malfunctioning equipment as to why he was "basically baked to death."

An autopsy performed on Jerome Murdough, 56, was inconclusive but initial findings indicated to officials that the mentally ill ex-Marine died of extreme dehydration or heat stroke, officials told The Associated Press. Murdough was in a cell that reportedly was overheated to at least 100 degrees.

What recourse do prisoners have for overheated cells?

The family of the "affluenza" teen sentenced to probation after a fatal DUI crash has decided to settle lawsuits brought by some of the victims.

Ethan Couch's family has agreed to settle with the families of Breanna Mitchell and Hollie and Shelby Boyles -- all three allegedly killed by Couch, then 16, in June, the Dallas Morning News reports.

Youth pastor Brian Jennings was also killed in the crash, but a settlement with his family has not yet been reached.

Can Adults Sue Over a Parent's Wrongful Death?

For an adult child, filing a lawsuit over the wrongful death of a parent can be a tricky matter.

Generally, surviving members of a victim's family can sue for wrongful death when the victim dies from the negligence or misconduct of another.

But because of the way damages are calculated, recovery for a parent's wrongful death can get complicated when adult children file suit. Here's why:

Dump Truck Hits, Kills Mom Putting Kid in Van

A mother of three was struck and killed by a dump truck near a suburban middle school outside Washington, D.C., on Monday. The tragedy highlights a few factors that are common in truck accident cases.

Jennifer Lawson, 39, of Arlington, Virginia, was placing her child into a car seat when a dump truck struck her and her van, The Washington Post reports. Fortunately, her child wasn't hurt.

As the investigation into the fatal dump truck accident continues, several factors will be key in determining potential civil liability.

General Motors is recalling more than three-quarters of a million cars because of safety issues linked to six front-seat fatalities. But GM also blamed some of the deaths in part on drivers themselves.

GM announced that the 778,562 affected cars are at risk for the ignition switching out of the "run" position, turning off the engine "and most of the car's electrical components," Reuters reports.

How do these GM cars suddenly shut off, and which GM vehicles are affected?

The family of a man killed by a construction crane has reached a $17 million settlement with a Philadelphia steam plant owner.

Adam Nowak Sr., a 45-year-old father of five, was struck and killed by a 300-pound iron hook which fell from an industrial crane at Veolia Energy's Schuylkill Steam Plant in 2011, Philadelphia's WCAU-TV reports.

The wrongful death settlement is being called the largest ever in Philadelphia's trial court system. But would Nowak's family have fared better at trial?

How Do Survival Statutes Affect Injury Lawsuits?

When it comes to personal injury lawsuits, what is a "survival statute" and how could it affect your case?

In the vast majority of states, many types of personal injury lawsuits can proceed even after the victim/plaintiff dies. These are called survival actions. Without such a provision, a personal injury case can potentially be dismissed if the victim dies of unrelated causes before the case is resolved.

So what are survival actions and how are they different from wrongful death lawsuits?

Bullied Girl's Mom Files Wrongful Death Suits

The mother of Rebecca Sedwick, the 12-year-old Florida girl who killed herself after jumping from the top of a cement plant tower, is filing a wrongful death claim against her late daughter's two alleged cyberbullies.

Though the two girls were just cleared of their aggravated stalking charges because of a lack of evidence, Tricia Norman's wrongful death lawsuit was expected to follow.

Norman hopes the lawsuit, as well as new cyberbullying legislation, will spark a change in how our nation -- and our schools -- handle online bullying.

How Can You Sue the Military?

Suing the military is no easy feat. Alas, under the doctrine of sovereign immunity, you typically can't sue the federal government without its permission.

However, the passage of certain laws has reduced this broad governmental immunity.

Here's an introduction to three notable laws -- the Federal Tort Claims Act, Military Claims Act, and Military Personnel and Civilian Employees' Claims Act -- that may allow you to sue the military: