Federal law may effect a Wrongful Death Claim

According to federal legal guidelines, a wrongful death action may differ. Pursuant to the Labor Code provisions of wrongful death, they do not apply in actions that are against an employer that falls within the scope of the federal Employers' Liability Act. The effect differs because the federal legislation supersedes the state law. There are special federal statutes that authorize wrongful death actions in maritime cases, such as the Death on the High Seas Act and the Jones

Act. For example, The Death on the High Seas Act preempts state wrongful death claims and recovery options are altered. Therefore, the California courts do not have proper jurisdiction over the subject matter because federal courts are the only judicial authority to hear the case. Pursuant to the Death of the High Seas Act, the location in which the injury occurred is a determinative

factor as to whether the state or federal government has the proper authority. On the other hand, the Federal Maritime Wrongful death action is not subject to federal review and state judicial discretion is still valid.

Additionally, pursuant to the federal Civil Rights Act in a state court, if a wrongful death of a relative is brought the statute governs any of the damages. The equitable relief that is authorized under the federal statute is not available, since the relief is limited by the states award from damages.

The wrongful death action is available for plaintiffs for many policy goals. The rationale of the claim is to provide compensation for survivors, deter certain acts of conduct, and limitation, or lack thereof, upon the damages recoverable. The first two of these policy considerations are clearly explained in the language of the wrongful death statue. Thirdly, the compensation goal is used in order to provide a form of support for a family or person that depended on the deceased as a form of punishment on the wrongdoer. The statute is designed to provide compensation for

the loss of companionship and other losses resulting from decedent's death. moreover, the statute is likely to deter wrongdoers from engaging in behavior that may cause an unreasonable risk to society.

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