Question

Should a wife be awarded damages for the wrongful death of her husband if she remarries the following month after the death? Would it make a difference if the husband was killed one day after the couple divorced?

Answer 1

to get damages for wrongful death person must be surviving member of the victim's family. hence. to get file a claim for damages for wrongful death one must be the part of the family at the time of the death. In the first scenario of the question, the lady is the part of the family at the time of death so she can claim damages for the wrongful death of her husband. The majority of courts maintain that the surviving spouse's marital status should not be considered in determining wrongful death damages. However, in the second scenario, the lady is not the part of the family at the time of death so she will not be eligible for this type of claim.