Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Hawaii, wrongful death claims are governed by Hawaii Revised Statutes Section 663-3. Under this statute, a wrongful death claim can be brought when a person's death is caused by the wrongful act, neglect, or default of another. The claim can be filed by the deceased person's legal representative on behalf of the beneficiaries, which may include the surviving spouse, reciprocal beneficiary, children, parents, or any person who was financially dependent on the deceased. Damages that may be recovered include loss of love and affection, loss of companionship, support, and services, as well as funeral and burial expenses. The statute of limitations for filing a wrongful death claim in Hawaii is generally two years from the date of the deceased person's death. It is important for those considering such a claim to consult with an attorney to understand the specific nuances of Hawaii's wrongful death laws and to ensure that their rights are protected.