Nature of the Cause of Action

The elements of a wrongful death action depends on the pertaining statute. Personal relatives may file an action. In order to file a wrongful death action, statutory beneficiaries are a pivotal factor. Therefore, the beneficiaries are the heirs of the decedent even where the action is brought by the personal representative.

An action for the personal representative of an employee may occur. Here, the death of an employee may have occurred due to an employers want of ordinary care is brought by the personal representative of the deceased employee for and on behalf of the surviving spouse, children, dependent parents, and dependent brothers and sisters. Nonetheless, where an action is brought for and on behalf of parents, brothers, or sisters of the decedent, therefore, dependency is essential to the status of a statutory beneficiary.

Even if an action by an adult married daughter of a deceased employee based on the federal Employers' Liability Act, and brought in a state court, proof of lack of dependency of the daughter on her deceased father barred the plaintiff's recovery.

Pecuniary loss

Pecuniary losses are required when filing a wrongful death action. The rationale of wrongful death is to provide a benefit to the persons who are entitled to recover compensation for the pecuniary injury suffered by them by reason of the loss of their relative. On the other hand, courts may only compensate for pecuniary losses in a wrongful death action.

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