That choice would have significantly reduced the need, if any, for a dedicated federal maritime wrongful death statute
It is therefore noteworthy that the majority of state wrongful death statutes
allow nondependent parents to recover loss of society damages.
1997) (holding that a fetus was a "person" under the state wrongful death statute
but not the state survival action statute).
43) The New York wrongful death statute
, like the majority of laws, restricts recovery to named classes of beneficiaries, including spouses but not unmarried partners.
47 (punitive damages received under an Alabama wrongful death statute
are includable in gross income).
If a state's wrongful death statute
does not provide that the two claims are independent, or the statute requires payment of the decedent's creditors before an allocation, all bets are off concerning the application of Bradley to reduce a Medicare claim.
The court held, inter alia, that even if the plaintiff could not proceed under the Child Wrongful Death Statute
(CWDS) she should be allowed to proceed under the Medical Malpractice Act.
398, 407 (1907) (permitting the use of a state wrongful death statute
in a maritime case).
Florida's Wrongful Death Statute
, for example, provides "the wrongdoer's personal representative shall be the defendant if the wrongdoer dies before or pending the action.