Lawsuits over personal injury have existed for centuries, but wrongful death laws are a relatively modern addition to the legal landscape. These laws allow surviving family members to bring a claim for compensation against the person or entity responsible for their loved one’s death. Here is a look at the history of wrongful death laws, from their earliest origins to their place in modern civil law.
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Origins of Wrongful Death Laws
The earliest forms of wrongful death laws can be traced back to the common law of England. In the Middle Ages, if a person was killed, their family was not allowed to seek revenge or compensation in court. Instead, the case was handled by the state as a criminal matter. However, in the 17th and 18th centuries, courts began to allow families to bring civil claims against people who caused the death of a family member. These early wrongful death lawsuits were brought under a legal theory known as "trespass on the case" and were mainly used in cases of negligence or recklessness.
Wrongful Death Laws in the United States
In the United States, the first wrongful death law was passed in 1846 in the state of New York. This law allowed the families of people who had been killed due to the negligence or wrongful act of another person to sue for damages. Over the next several decades, other states began passing similar laws. By the early 20th century, almost all states had wrongful death statutes on their books.
The passage of these laws was driven, in large part, by the industrial revolution. With the rise of factories and mass production, workplace accidents became more common. Workers who were killed on the job often left behind families who had no legal recourse for compensation. Wrongful death laws helped fill this gap, allowing families to sue for damages when their breadwinner was killed on the job.
Evolution of Wrongful Death Laws
In the early 20th century, wrongful death laws were still relatively limited in scope. Most states only allowed family members to recover economic damages, such as lost wages and medical bills. It was not until the mid-20th century that courts began to allow families to recover non-economic damages, such as pain and suffering, in wrongful death lawsuits.
In the 1960s and 70s, many states began to reform their wrongful death laws to make them more equitable. These reforms included allowing wrongful death actions to be brought by anyone who suffered a loss as a result of the death, not just immediate family members. In addition, some states abolished limits on damages that could be awarded in wrongful death cases.
Modern Wrongful Death Laws
Today, the exact nature of wrongful death laws varies from state to state. However, most states allow surviving family members to bring a claim for damages if their loved one was killed due to the negligence, recklessness, or intentional act of another person or entity. Damages that may be awarded in a wrongful death suit include:
- Economic damages: such as funeral and burial expenses, the cost of medical treatment before death, and lost income.
- Non-economic damages: such as pain and suffering, loss of companionship, and emotional distress.
- Punitive damages: in cases where the defendant’s actions were particularly egregious, a court may award punitive damages to punish the defendant and deter similar behavior in the future.
Conclusion
Wrongful death laws have come a long way since their inception in the common law of England. Today, they serve an important role in allowing families to seek justice and compensation when a loved one is killed due to the negligent or intentional actions of another person. While the exact nature of wrongful death laws may continue to evolve, their place in the legal system is secure.