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wrongful death statute

   Also found in: Dictionary/thesaurus, Legal, Financial, Encyclopedia, Wikipedia 0.01 sec.
wrongful death statute
Etymology: AS, wrang + death + L, statuere, to place
(in law) a statute existing in all states that provides that the death of a person can give rise to a cause of legal action brought by the person's beneficiaries in a civil suit against the person whose willful or negligent acts caused the death. Before the existence of these statutes, a suit could be brought only if the injured person survived the injury.

statute (stach´ūt),
n a law enacted and established by a legislative department of government.
statute of frauds,
n a requirement that, for legal validity, contracts for conveying real property or contracts for the performance of personal services requiring a year or more to perform must be in writing.
statute of limitations,
n a statute that sets a time limit within which legal action on certain causes of action must be brought.
statute, wrongful death,
n a statute that provides for the recovery of damages by a party other than the party who received the fatal injuries.


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As in most wrongful civil conduct there are no federal statutes for wrongful death, so each state has made its own set of civil wrongful death statutes and the laws vary from state to state a little bit.
The defendants argued that in all actions brought under the wrongful death statute, the limitations period will be governed by the provision applicable to the liability theory of the underlying wrongful act.
Therefore, the only impediment to suit is the admittedly daunting challenge of finding a court sufficiently sympathetic to read the wrongful death statute expansively.
 
 
 
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