The definition of wrongful death isn't limited to just death caused by another person, it also covers death caused by a company (while working) or an entity.
However in general, the accepted definition is the death of one person due to the negligence, the misconduct of another or the intention to cause harm.
Only those who have a direct personal interest in the case, meaning personal representatives of the deceased, are qualified to bring a wrongful death suit. Because this particular requirement is different from state to state, speaking with a knowledgeable attorney will provide what options are available.
Those unfamiliar with what constitutes a wrongful death should know that death as the result of medical malpractice, on the job while doing a supervised activity, criminal behavior and vehicular accidents are all situations where people can file a claim.
Damages awarded in cases such as this are normally financial because of the loss of support, services and potential inheritance. For example, if the person who died had children lost wages and loss of parental guidance can be recovered. The person's wages at the time of death, or last known earnings and possible future earnings are components of the damage recovery formula. The damage recovery formula is extremely complex, and many factors ultimately vary the final award. This is why it is essential to consult with an attorney.
Something relatively recent has added another dimension to wrongful death claims, the ability of an expert to testify to the economic losses of a homemaker. At one time the courts did not allow this.
In jury awards for wrongful death another factor is awarding punitive damages based on the wrongdoing being malicious or extremely serious. This is intended to act as a deterrent for others who would act in a similar fashion. An attorney can determine which states allow punitive damages, as this does vary nationwide.
