Wrongful Death - Limitations On Recovery Of Damages

Some states limit the amount of money that can be recovered in a wrongful death action. For example, many state and local governments that waive sovereign immunity set a maximum amount of damages that can be recovered for a wrongful death. However, a number of states do not limit the amount of damages for wrongful death.

International treaties limit the amount recoverable for the death of passengers on international airlines. WORKERS' COMPENSATION laws, which exist in some form in every state, place limits upon an employer's liability. Employers must carry insurance for their employees that compensates workers based on a legal schedule for each type of injury or for death. In return for carrying such insurance, employers are immune from negligence suits. The result is that the amount workers can recover is limited, but recovery is guaranteed for injury or death sustained in the course of employment.