In the realm of U.S. civil law, wrongful death lawsuits represent some of the most emotionally charged and legally intricate cases. These arise when an individual's death is claimed to result from the negligence, recklessness, or misconduct of another party, ranging from corporations to medical professionals. These cases often pose a poignant question in courtrooms: *Could this death have been prevented?*

Two cases illustrate the complex nature of wrongful death law under varying circumstances. The first involves the tragic death of Dr. Asoka Jayaweera, an 85-year-old cardiologist, aboard a Qatar Airways flight. His family has filed a lawsuit against the airline, asserting that negligence led to his death during a flight from Los Angeles to Colombo in June 2023. Court documents reveal Dr. Jayaweera, a strict vegetarian, was not provided his requested meal and was instead told to "eat around" the meat in a regular meal. Shortly after, he began choking, and despite attempts to assist him, including contact with emergency medical professionals via radio, the pilot did not make an emergency landing which the family claims could have been possible over the Midwest. Unfortunately, Dr. Jayaweera passed away from aspiration pneumonia after the flight continued to its next stop in Edinburgh, Scotland.

The lawsuit not only addresses the immediate negligence but also challenges the Montreal Convention, which caps compensation for deaths on international flights, as the family seeks damages exceeding these limits.

The second case concerns Karen Read, who, despite being acquitted of murder and manslaughter in the death of her boyfriend, Boston police officer John O’Keefe, faces a civil wrongful death lawsuit by O’Keefe’s family. This case highlights how civil actions can persist even after a criminal trial concludes, reflecting lower standards for proving liability. The civil court is set to examine allegations including the serving of alcohol to visibly intoxicated patrons at bars the couple visited before O'Keefe's death.

These cases underscore the broad implications of wrongful death claims which can be brought against various entities and individuals, including cases of medical malpractice, automobile accidents, and airline negligence. They highlight the critical role of such litigation in seeking justice for the deceased and compelling responsible parties to face consequences for their actions, potentially leading to significant institutional changes.

As these cases proceed, they will test the boundaries of U.S. and international laws concerning on-board negligence and the pursuit of damages beyond conventional limits, setting precedents for how similar cases might be handled in the future.

Final Thought

While criminal law sometimes does not result in a conviction, wrongful death lawsuits in the civil system ensure accountability and provide a means for grieving families to seek redress. This lower burden of proof in civil courts enables the determination of liability and compensation, fostering a deterrence against future negligence across various industries.