Wrongful death claim facts for kids

This picture shows a balance, like the one used to weigh evidence in a court case.

A wrongful death happens when someone dies because of another person's actions or mistakes. It's a special type of lawsuit where a family can ask for money from the person or group responsible for the death. This kind of case is often started by close relatives of the person who died.

These lawsuits can be about different situations. Sometimes, they are filed because someone was careless and caused an accident. Other times, it might be because of a bad action or even a crime. Even if a person is found not guilty in a criminal court, they can still lose a wrongful death lawsuit. This is because the rules for proving a case are different in civil lawsuits compared to criminal ones. In civil cases, it's often easier to show that someone was responsible.

In the past, English law did not allow these types of lawsuits. This was because the right to sue was thought to belong only to the person who died. But now, in the United States, all states have laws that let families bring these cases to court.

What Are Wrongful Death Damages?

In law, "damages" means money paid to someone who has been hurt or lost something. In a wrongful death case, these payments help the family deal with their losses.

Types of Compensation

Families can ask for different types of money to help them after a wrongful death. These might include:

• Money the person would have earned in the future.
• Loss of benefits, like health insurance, that the person provided.
• Money for the loss of friendship and support from the person who died.
• Money for the pain and suffering the family goes through.
• Money to pay for medical bills before the death and funeral costs.

Special Payments for Serious Cases

Some states also allow for something called "punitive damages." This is extra money that is not just to cover losses. Instead, it is meant to punish the person who caused the death and stop them or others from doing something similar again. Punitive damages are usually only given in very serious cases. This includes situations where someone was extremely careless, acted without thinking about safety, or intentionally caused harm that led to death.

See also

In Spanish: Reclamación de muerte por negligencia para niños