Wrongful Death Act Amended to Allow Survivors to Recover for Grief, Sorrow and Mental Suffering
The Wrongful Death Act has traditionally allowed a surviving spouse or next of kin to recover pecuniary losses (e.g. lost income, benefits or support provided by the decedent), but did not provide for those survivors to recover in any manner for their own grief, sorrow or mental suffering occasioned by their loved one’s wrongful death. This often resulted in a major aspect of a survivor’s true injury to go uncompensated. On May 31, 2007, a law was passed that will now allow such damages to be recovered in actions that arise on or after the effective date of the statute.
