statute

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statute

Any law enacted by a state legislature.
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decision, every state had enacted its own wrongful death statute. In
Brown, the Supreme Court of Missouri described three underlying goals of Missouri's wrongful death statute. (53) The first of these goals is "to provide compensation to bereaved plaintiffs for their loss." (54) Second, the wrongful death statute should "ensure that tortfeasors pay for the consequences of their actions." (55) Finally, the statute should serve "generally to deter harmful conduct which might lead to death." (56)
Consequently, our wrongful death statute will no longer be regarded as 'creating the right' to recovery for wrongful death.
The court also directly addressed the loss of chance doctrine's compatibility with the state's wrongful death statute. (98) Previously, Massachusetts had held that wrongful death claims existed at common law, and that wrongful death claims were common law claims that continually evolve.
The Enactment of a Federal Maritime Wrongful Death Statute (1903-1920)
The expansion of recovery available to victims is not only consistent with the majority of state wrongful death statutes, but also compelled "to comport with the humanitarian policy of the maritime law." Id.
(311) In so doing, the high court rejected the assertion that earlier Kentucky cases had "la[id] the groundwork for a natural progression into accepting the lost or diminished chance method of recovery." (312) Eschewing any mention or construction of Kentucky's wrongful death statute, the court likewise rejected the assertion that "public policy reasons" required recognition of the doctrine.
1997) (holding that a fetus was a "person" under the state wrongful death statute but not the state survival action statute).
Such an obstacle, the opinion noted, was at odds with the purpose behind the wrongful death statute, which is "to provide compensation for the loss ...
The court held that since the plaintiffs claims had their basis in medical malpractice, the court was compelled to look to the statute of limitations under the Medical Malpractice Act rather than the Child Wrongful Death Statute. The narrow exception to the Statute of Limitations applies only to "living" children.
The court rejected the loss of chance doctrine on the ground that it was precluded by Delaware's wrongful death statute, finding that since the statute allowed actions only for the death of a relative and where the negligence "causes" the death of another, the statute did not allow for any judicial relaxation of the causation standard.
For example, in Alabama, only punitive damages are available in cases brought under the state's wrongful death statute. (9) In some instances, the rules and procedures of arbitration forums prevent arbitrators from awarding punitive damages, or they substantially change the burden of proof to obtain a punitive damages award.