Wrongful death damages are statutory, and the categories vary. Common elements include lost financial support, lost services, funeral and burial expenses, and loss of society, companionship, and guidance.
They are distinct from survival damages, which belong to the decedent's estate and compensate for losses the decedent suffered before death.
Alternative Names:
Death Damages, Wrongful Death Recovery
Why it Matters?
Because these damages are creatures of statute, the analysis begins with the governing statute rather than common law principles. Statutes differ on who may recover, whether grief is compensable, whether the award is allocated among beneficiaries by the court, and whether caps apply. Two identical deaths in adjoining states can produce very different recoveries.
Frequently Confused with
Related terms
Frequently asked questions
What is the difference between wrongful death and survival damages?
Is grief compensable?
