A wrongful death claim is brought for the benefit of certain family members who have been harmed emotionally and/or financially.  Section 15-51-20 provides that wrongful death claim is for the benefit of :      1)  benefit of the wife or husband and child or children of the person whose death shall have been so caused; 
         and if there isn't a wife/husband, child/childern, then 
    2) benefit of the parent or parents; and if there isn't a parent, then 
    3)  benefit of the heirs. 
 Damages payable by the wrongful death claim are measured by the loss to the beneficiaries, including:     1) financial loss     2) mental shock and suffering     3) wounded feelings 
    4) grief and sorrow;     5) loss of society and companionship;

Frequently Asked Questions

 


Q: What is a wrongful death claim?

A:

A "wrongful death claim" is brought for the benefit of certain family members who have been harmed emotionally and/or financially.  Section 15-51-20 provides that wrongful death claim is for the benefit of :

   1)  benefit of the wife or husband and child or children of the person whose death shall have been so caused;

        and if there isn't a wife/husband, child/childern, then

   2) benefit of the parent or parents; and if there isn't a parent, then

   3)  benefit of the heirs.

Damages payable by the wrongful death claim are measured by the loss to the beneficiaries, including:

   1) financial loss

   2) mental shock and suffering

   3) wounded feelings

   4) grief and sorrow;

   5) loss of society and companionship;


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