Wrongful death claims

On Sep 6, 7:24 am, Willie Wills <WillieWills010...@cox.net> wrote:
> Saw a news article about the police being sued by the parents of a
> suspect who died in their custody.  Apparently someone else was also suing.
>
> Is there anything that keeps the girlfriend, then the mistress, then the
> brother, cousin, friend, neighbor etc from realistically suing the cops?
>   Would the judge require everyone to combine the suit, or how does that
> really work?

Each state has its own statutory law regarding "wrongful death" suits.   The requirements vary.   Such suits were not allowed at common law, but AFAIK every state of USA now allows some kind of civil suit by relatives of a person who was wrongfully killed.

In MD, for example, only a single suit may be brought, and all of the relatives listed in the statute as having a part of the claim must be joined in the suit, whether they want to or not (those who are not actively participating are called "use plaintiffs" since the suit is brought by the active plaintiffs "for their own use, and for the use of" the others).

Assuming the suit goes to trial, the jury verdict will determine how much each of the relatives actually gets.  Some may get nothing.   The law specifies the basis on which each kind of relative can claim damages, either for loss of financial support they would have received from the decedent if he had lived, or for their  "loss of consortium" (for a surviving spouse) or "loss of solatium" (for parents, children, brothers and sisters) for the care, affection etc. they would have received from the decedent.

In addition to the wrongful death claim, the estate of the decedent also has by statute in most states, a so called "survival" claim for the tortious injuries, pain and suffering the decedent suffered while he was still alive, whether or not those injuries were the same ones that caused his death.   The survival claim is brought by the executor (personal representative) of the estate.  If the survival suit results in financial recovery, the funds go into the estate and are distributed along with the rest of the decedent's assets, according to the decedent's will, or if he has no will, per the intestacy laws.

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Mike Jacobs
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