This lesson covers the common law rules and various statutory approaches governing recovery of damages for injuries resulting in death. Questions and problems in the lesson consider the circumstances under which and the extent to which damages are available to protect the interests of persons who die as a result of tortious injuries and the interests of the survivors of those persons.
Students working on the lesson are required to solve problems by parsing and applying statutory language of survivor statutes and wrongful death statutes drawn from eleven different states. In one question, students are invited to construct their own statutory provision to address a problem of coordination between survival and wrongful death statutes.
Students who successfully complete the lesson will have a good working grasp of the different interests addressed by survival statutes and wrongful death statutes; how to calculate damages under each; and the limitations upon recovery that such statutes are likely to contain. Completion of the lesson on Damages for Personal Injuries prior to working on this lesson is highly recommended.