42) Missouri's current wrongful death statute
provides that when a person's death results from the acts of a defendant, the defendant is liable for damages.
The Gaudette court described its new view of the state's wrongful death statute
74) The decedent's wife eventually filed suit against the hospital under the Pennsylvania Wrongful Death Statute
The Enactment of a Federal Maritime Wrongful Death Statute
The expansion of recovery available to victims is not only consistent with the majority of state wrongful death statutes
, but also compelled "to comport with the humanitarian policy of the maritime law.
The issue on appeal was whether loss of chance claims were cognizable in Massachusetts and, specifically, whether they were actionable under the Massachusetts wrongful death statute
There is palpable discord between abortion rights, on the one hand, and fetal murder and wrongful death statutes
, which both cite the fetus as a "person," on the other.
43) The New York wrongful death statute
, like the majority of laws, restricts recovery to named classes of beneficiaries, including spouses but not unmarried partners.
The court adopted the holding of the intermediate appellate court: "The intent of the wrongful death statute
was to allow an action to be brought by the decedent's personal representative against a defendant who may be held legally liable for the death, regardless of the mechanism of liability.
For example, in Alabama, only punitive damages are available in cases brought under the state's wrongful death statute
40) The court in DiDonato held that the term "person" in the wrongful death statute
included a viable fetus.
47 (punitive damages received under an Alabama wrongful death statute
are includable in gross income).
2) On August 18, 2015, the court issued contradictory opinions centered on the statutory interpretation of the wrongful death statute
11) Though the state wrongful death act could be used to supplement maritime law, the Florida statute did not recognize breach of the warranty of seaworthiness as a basis for recovery under its wrongful death statute
If a state's wrongful death statute
does not provide that the two claims are independent, or the statute requires payment of the decedent's creditors before an allocation, all bets are off concerning the application of Bradley to reduce a Medicare claim.