Term
| Wrongful Death at Common Law |
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Definition
| At common law, no civil action in tort can be maintained for the death of another. |
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Term
| Rationale for Common Law Rule on Wrongful Death |
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Definition
1. Because a death caused by intentional reckless or negligent conduct also constituted a felony, the tort action was considered to be less important and it was considered pre-empted by and merged into the felony. This is the FELONY-MERGER DOCTRINE.
2. It is impossible to place a value upon life and damages awarded are likely to be arbitrary or excessive. |
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Term
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Definition
| Despite the common law rule, legislatures in every state have enacted statutes to permit recovery by families of persons killed by tortious conduct. |
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Term
| Two Types of Wrongful Death Statutes |
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Definition
1. Those for which damages are paid to the decedent’s estate and which represent the loss to the estate.
2. Those for which damages are paid to a statutorily designated class of beneficiaries for the contributions which the deceased would have made to the beneficiaries if the decreased had lived. |
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Term
| Who May Bring a Wrongful Death Action? |
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Definition
| In some states, a WDA may be brought by the personal representative of the deceased and in others it may be brought by a member of the designated class of beneficiaries. |
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Term
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Definition
1. At common law any causes of action that the deceased might have owned at the time of his death died with him.
2. Survival statutes are designed to permit the estate of the deceased to pursue actions which would have been available to the deceased had he lived.
3. Damages recovered under a survival statute are payable to the estate of the deceased.
4. Any defense that could have been raised against the deceased can be raised in a survival action.
5. Most survival statues and WDS work together to insure that D will not have to pay twice for the same damages. |
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Term
| Pertinent Statutes in Arkansas |
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Definition
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