Wrongful Death in Marriage
Wrongful death occurs when one spouse’s negligent or intentional actions lead to the death of the other. Under tort law, wrongful death claims are typically filed by the surviving family members or the estate of the deceased to seek compensation for the loss caused by the death. These claims aim to hold the responsible party accountable for their actions.
Examples of acts that fall under wrongful death
- Negligent Behaviour: A spouse’s reckless driving results in an accident that causes the other spouse’s death.
- Intentional Harm: A spouse inflicts fatal physical harm on the other.
- Failure to Act: A spouse knowingly withholds necessary medical care or assistance, resulting in the death of the other.
Real Case Example
In Platt v. Union Pacific Railroad Company, the estate of a woman filed a wrongful death claim against her husband and others after an incident involving her death. While not all cases involve intentional harm, negligence or failure to act can also play a significant role in wrongful death claims.
Possible Judgment
If the court finds liability for wrongful death, they may award:
- Compensatory Damages: To cover funeral expenses, loss of income, loss of companionship, and emotional distress experienced by the surviving family.
- Punitive Damages: In cases of gross negligence or intentional harm, punitive damages may be awarded as a deterrent.
- Apologies and Acknowledgment: Courts sometimes require non-monetary actions, like public acknowledgment of responsibility.
Take Home
For potential victims of wrongful death in marriage
- Seek help or report unsafe situations that could escalate to life-threatening harm. The safety of all parties should always be prioritized.
- Encourage open communication and address risky behaviors early in the relationship.
For potential perpetrators of wrongful death in marriage
- Be aware that negligence and intentional harm have severe legal, financial, and moral consequences.
- Seek professional help for any behaviors or emotions that could lead to harm, such as anger issues or substance abuse.
For Everyone
- Promote safety and mutual care within your marriage by fostering trust and accountability.
- Ensure that any risks, whether financial, health-related, or behavioural are proactively addressed to prevent escalation.
