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15 Cards in this Set

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Wrongful Death
claim, which is a claim for damages for tortiously causing the death of another.
* Wrongful death statutes usually allow damages for the lossess suffered by surviving relatives, such as the loss of economic support or society of the decedent.
What was the common law rule for Wrongful Death?
In a civil court, the death of a human being could not be complained of as a injury. It was cheaper for a D to kill a person than to scratch them.
What type of losses can you sue for?
 What type of loss are we going to sue for. Initially weren’t recognized but now they are. West V allows for anyone who may have recovered a pecuniary benefit. All you have to show is that there is a pecuniary benefit. Such as my uncle was paying for my law school and now that he is dead I have lost that.
What kind of Damages are recoverable?
Also, called DERIVATIVE CLAIM
 Companionship
 Economic Benefit
 Value of the services provided
 Funeral Expenses
 Companionship- you show that relationship
 Economic Benefit- look as salary, taxes, benefits as to who was claiming the loss
 Value of services- he did the chores there is a monetary value that we can assign to those
What does derivative claim mean?
there is no claim unless there was a wrong to the deceased.  A Wrongful deal suit is only as good as the wrong that was done to the deceased. All common law defenses if they could have been valid as against the deceased they are valid in the wrongful death. Only as good as any claim brought by the deceased.
 One the courts decided that a parent has lost something in terms of relationship. That is recognizable and something they are going to recover for that. It is 15,000 for the lost of the children.
Can a domestic partner recover benefits under wrongful death statutes?
Several jurisdictions have made wrongful death benefits available to domestic partners. Proper claimant in a negligence claim as well. The hook is that you become severally liable for the partners damages.
Parents recover?
In most jurisdictions, a parent is a beneficiary if a child dies without a spouse or children. SOme of those statutes require the parents to show financial dependence.
What happens if there is no designated beneficiaries?
In most jurisdictions, if no designated beneficiaries are living at the time of the wrongful death, the action fails.
Morange vs. Marines
 One the courts decided that a parent has lost something in terms of relationship. That is recognizable and something they are going to recover for that. It is 15,000 for the lost of the children.
Selders v. Armentrout
Held that the measure of damages for the wrongful death of a minor child should be extended to include the loss of society, comfort, and companionship of the child.
What elemets of proof would be required in a jurisdiction permitting recovery for the loss of companionship damages?
Spouse- admissible of happiness or discord in the marraiage. Not admissible information of remarriage because it would be too prejudicial.
Are there statutory caps to recovery of wrongful death statutes?
Almost half of the wrongful death statutes as originally enacted included a cap on recovery. The caps represented a response to the concern that the new cause of action would create unlimited liability and the possibility of runaway jury verdicts. No modern jurisdictions cap recovery for pecuniary losses, although some do limit recovery for non-pecuniary losses. There are caps for damages on companionship
What is the difference between Survival Statutes and Wrongful Death statutes?
a survival claim is an action brought by the representative of the estate of the deceased person for the injuries suffered by the decedent before her death.
Wrongful death is an action brought on my the survivors of the decedent.
The Survival Statute
allows the estate of a decedent to enforce a tort claim for damages suffered by the decedent before death, which she could have enforced personally had she lived.
What can you recover?
 You can recover anything you could have recovered had you lived up until your time of death:
 Specials
 Generals
 Punitive.
 All goes back to your estate because the estate sues. In a wrongful death the estate does not sue.
 You can have a wrongful death action and a survival action all within the same lawsuit.