ABSTRACT
When an injury caused by tortuous conduct results in death, survivors of the decedent can recover from the tortfeasor under both (a) the state wrongful death statute for the decedent’s death and (b) the state survival statute for any damages suffered by the decedent during the interval between his injury and death (Murphy v. Martin Oil Co., Ill. Sup. Ct., 56 Ill. 2d 423, 308 N.E.2d 583 (1974)). One of the most cited cases involving wrongful death actions merely states that, although Congress has not enacted a specific remedy for wrongful death (in admiralty cases), an action for wrongful death does lie under maritime common law for death caused by violation of maritime duties (Moragne v. States Marinelines, Inc., 398 U.S. 375 (1970)). Another case is more directly on point and states that the measure of damages recoverable by a parent for the wrongful death of a minor child includes the loss of society, comfort, and companionship of the child, as well as any pecuniary loss (Selders v. Armentrout, Neb. Sup. Ct., 190 Neb. 275, 207 N.W.2d 686 (1973)). Cases that are more on point directly involve police involvement in wrongful death actions.
