Workplace Violence Wrongful Death: Employer Negligence, Foreseeability, and the Workers' Comp Bar
When an employee or customer is killed in a workplace violence incident, the path to civil recovery runs through foreseeability, security a…
Category
Wrongful Death
Survival actions, damages frameworks
Competing Wrongful-Death Claimants: Resolving Standing Disputes, Beneficiary Priority, and Apportionment
When multiple family members assert wrongful-death claims, disputes over who qualifies as a statutory beneficiary and how a global recovery…
Wrongful Death of an Elderly Parent: Standing, Pecuniary Loss, and Non-Economic Damages for Adult Children
When an elderly parent dies due to negligence, the damages model shifts from wage loss to household services, actuarial life expectancy, an…
Spousal Wrongful Death Damages: Valuing Household Services, Economic Support, and Loss of Consortium
The surviving spouse's wrongful death damages case requires a forensic economist to model three distinct categories of loss: the decedent's…
Hotel and Resort Pool Drowning: Wrongful Death Claims, Supervision Duty, and the Multi-Defendant Map
Drowning deaths at hotel and resort aquatic facilities require a defendant identification analysis that extends well beyond the property ow…
Construction Site Wrongful Death: The Third-Party Civil Track When Workers' Comp Is Not Enough
When a worker dies on a construction site, the workers' compensation death benefit is typically the employer's only exposure. The civil wro…
Wrongful Death in Custody: Section 1983, Monell Claims, and the State Law Track
Deaths in jail or prison generate both Section 1983 constitutional claims and state wrongful-death actions, each with different standards,…
Nursing Home Wrongful Death: SNF Negligence, Fall Claims, and the Arbitration Defense
Deaths in skilled nursing facilities from falls, untreated pressure ulcers, and delayed infection response are compensable wrongful death c…
Wrongful Death of an Unborn Child: Viability, State Law, and Damages in Prenatal Loss Claims
Wrongful death claims for the death of a fetus or stillborn child are cognizable in most states but follow rules that differ sharply from s…
Wrongful Death With a Terminal Diagnosis: Damages, Defense Arguments, and Expert Strategy
When a decedent was already living with a terminal or life-limiting condition, the defense claims their death was inevitable and damages sh…
Loss of Consortium in Wrongful Death: Standing, Proof, and the Apportionment Trap
Loss of consortium claims in wrongful death cases require careful attention to who has standing, what must be proven beyond the decedent's…
Punitive Damages in Wrongful Death: Standards, Evidence, and Due-Process Limits
Not all states allow punitive damages in wrongful-death actions, and in those that do, BMW v. Gore and State Farm v. Campbell impose a cons…