Wrongful Death Flashcards
Wrongful Death
i. Wrongful death is any tortious act that causes the death of another.
1. Establish that the death happened by a tortious act (battery)
2. Can only be brought by the immediate family of the deceased
ii. 2 statutes:
1. Survival of action – whatever cause of action deceased would have had had the deceased survive, would not be brought in their name by the deceased’s estate.
2. Wrongful death statute – family members can sue for the losses they have incurred through the tortious death of the family.
iii. Measure of damages for a wrongful death claim does not include the pain and suffering by the parents, but it includes the loss of companionship of the parents. Lockhart v. Besel
iv. HYPO: Accident in which a 7-month-old fetus is killed. That fetus will have cause of action. Should there be wrongful death? Yes
