Wrongful Death: What is a claim of wrongful death? Who may bring an action? Do I need a lawyer?

Every state has now enacted some form of wrongful death act. In some jurisdictions, the personal representative is the proper party to bring the action; in others, the surviving spouse or next of kin herself might be the appropriate party. Under most statutes, the measure of recovery in wrongful death actions is for the monetary injury resulting to the spouse and next of kin. This allows recovery for loss of support, loss of companionship, etc. It does not allow any recovery for the decedent’s pain and suffering; those damages would be an element of a personal injury survival action brought on behalf of the decedent.