Wrongful Death Newsroom

Explanation of Statute For Wrongful Death

We have a law known as the Wrongful Death Act. This law permits the personal representative of the estate of a deceased person to bring an action whenever the death of a person or injuries resulting in the death of a person have been caused by the [wrongful act / negligence] of another. In this case, [name of plaintiff], the personal representative of the estate of [name of decedent], the deceased, is suing [name of defendant], the defendant. [Name of plaintiff] is representing the [estate / surviving spouse / next of kin] of the deceased, [namely [name of surviving spouse] / namely [name of next of kin]]. They are the real parties in interest in this lawsuit and in that sense are the real plaintiffs, whose damages you are to determine if you decide for the personal representative of the estate of [name of decedent].

Which, if any, of these elements of damage has been proved is for you to decide, based upon evidence and not upon speculation, guess, or conjecture. The amount of money to be awarded for certain of these elements of damage cannot be proved in a precise dollar amount. The law leaves such amount to your sound judgment. Your verdict must be solely to compensate for the damages and not to punish the defendant.

Damages, if you decide the plaintiff is entitled to damages, you shall give such amount as you decide to be fair and just, under all the circumstances, to those persons represented in this case. Such damages may include the following items, to the extent you find they have been proved by the evidence: reasonable medical, hospital, funeral and burial expenses. Reasonable compensation for the pain and suffering undergone by [name of decedent] while [he / she] was conscious during the time between [his / her] injury and [his / her] death.  Losses suffered by [name of surviving spouse / name of next of kin] as a result of [name of decedent]’s death, including:  loss of financial support, loss of service, loss of gifts or other valuable gratuities, loss of parental training and guidance, loss of society and companionship.

Which, if any, of these elements of damage has been proved is for you to decide, based upon evidence and not upon speculation, guess, or conjecture. The amount of money to be awarded for certain of these elements of damage cannot be proved in a precise dollar amount. The law leaves such amount to your sound judgment. Your verdict must be solely to compensate for the damages and not to punish the defendant.