Under the "common law” this type of compensation claim did not exist. It was reasoned that the compensation claim died with the victim, and the surviving family members could not claim damages from the person who caused the victim's death. To correct this injustice, the individual states have passed "wrongful death statutes" over the years, and some form of Wrongful Death Compensation Claim action exists in all state jurisdictions today. While they all follow some general principles, each state jurisdiction is unique, since each state has drafted its own form of "wrongful death statute."

    The following damages may be recovered in a Wrongful Death Compensation Claim: Immediate expenses associated with the death (medical & funeral): Loss of victim's anticipated earnings in the future until time of retirement or death; Loss of benefits caused by the victim's death (pension, medical coverage, etc.); Loss of inheritance caused by the untimely death; Pain and suffering, or mental anguish to the survivors; Loss of care, protection, companionship to the survivors; General damages; and Punitive damages.

    Depending on the jurisdiction, some of the listed damages may be barred or restricted by statute. Also, some of the listed damages may be hard to prove and thus be considered too speculative by the court. As a result, they may be struck or restricted. Punitive damages may require a higher level of proof.

    Depending on your jurisdiction, plaintiffs may be able to recover interest calculated from the time of death, the time the damages were incurred, or from the time of the filing of the lawsuit. Finally, most of the damages for future loss (such as the victim's anticipated earnings) will be reduced to "present value".

    A Wrongful Death Compensation Claim is a claim to recover compensation for the losses suffered as a result of a wrongful death of a relative caused by someone's negligence. To recover compensation, it must be shown that some person or company was responsible or at fault for causing the death. In most cases the other party's fault must be at least equal to or greater than the fault of the deceased. Wrongful Death Compensation Claim in states is brought by a trustee. Usually a family member is appointed by the court to represent the close relatives of the deceased.

    If the death was caused by the illegal sale of alcohol, then each individual heir or next of kin must bring their own Wrongful Death Compensation Claim. A trustee is not used. In these cases the fault of the deceased is not held against the person making the Wrongful Death Compensation Claim. Notice of the Wrongful Death Compensation Claim must be given within 240 days of hiring an attorney and a law suit must begin within two years of the illegal sale of alcohol or again the Wrongful Death Compensation Claim will not be allowed.

    These claims are commonly known as "Dram Shop" claims. If someone you are related to is killed as a result of someone else's fault or negligence, you should talk to an experienced personal injury lawyer to thoroughly assess whether you have a claim and how to go about making it.