Damages Under Wrongful Death Statutes: The Relevancy of a Claimant’s Nation of Residency
Journal of Legal Economics
As a consequence of recent immigration trends (both legal and otherwise), there is a large segment of the U.S. population with family members living abroad. Is the standard of living in the nation of residency of these family members of economic relevance should the family member living in the U.S. suffer a wrongful death? This paper demonstrates that for damages meant to compensate survivors for loss of companionship, society, and comfort, testimony concerning the standard of living in the U.S. relative to that in the survivor's home country may assist a jury in determining an award that is fair and just.
Bowles, Tyler J. “Damages Under Wrongful Death Statutes: The Relevancy of a Claimant’s Nation of Residency.” Journal of Legal Economics 13(3, September 2006):65-74.