Injuries - Wrongful Death
Wrongful death is the term used when someone causes the death of another person. The death may be caused by someone's actions or by their failure to act (neglect). Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to recompense family members who have suffered monetarily and emotionally from the death. Damages can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma.
A defendant can only be held responsible for a wrongful death if it can be proved that the defendant's conduct was the cause of the death. It must be proved that the death would not have occurred without the defendant's act. The time between the defendant's action and the death of the decedent is not a factor as long as it can be proved that the defendant's action was the cause of death.
Different states have different methods for deciding who may file a wrongful death suit, who may recover damages, and how much can be recovered. Generally, it must be shown that the death was caused by another's wrongful act, that the act was such that the decedent would have been due damages from the act, and that monetary damages did arise from the act. If these three criteria are met, it is possible that a wrongful death claim can be filed.
If it can be shown that the decedent was partially responsible for their death, then he or she may be found to have comparative or contributory negligence. When this happens, damages may be awarded based on the percentage of negligence imputed to the decedent. Also, if the decedent failed to seek appropriate medical care and that failure led to his death, there may be no grounds for a wrongful death claim or a reduction to an award.
In a case of wrongful death, damages are assessed to compensate family members for their losses. There are many ways in which damages can be calculated. Since damages can be awarded in a number of areas, it is important to examine each one carefully.
The most obvious loss in a case of wrongful death is the actual expense occasioned by medical and death expenses. These are usually easy to determine.
Less obvious, but equally important, are the loss of future earnings and benefits, as well as the loss of companionship. Earnings and benefits are difficult to calculate and include anticipating the lifespan and earnings of the decedent, as well as the relationship to remaining family members.
Loss of companionship is also difficult to calculate because it is totally subjective and does not lend itself to empirical measurements. It is a measure of the emotional pain and suffering experienced by the survivors.
A final area of damages is punitive damages. This is an amount awarded to punish the person who caused the death, rather than to compensate for a specific loss. It can typically only be awarded when the action of the defendant was intentional or grossly negligent.
If you suspect that your loved one's death was someone else's fault, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.
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| Wed, 10 Mar 2010 22:36:59 GMT Illinois woman wants to blame police for death of two sons WOC-AM Davenport NINE-YEAR-OLD DUNCAN LEICHTENBERG AND HIS 7-YEAR-OLD BROTHER, JACK, OF LEROY WERE FOUND DEAD IN LATE MARCH. Click here to read this Injuries - Wrongful Death news article. |
| Mon, 08 Mar 2010 17:19:07 GMT O'Leary May Testify In Wrongful Death Lawsuit WESH.com - Local News The head coach of the University of Central Florida football team may have to testify in court in the wrongful death lawsuit brought against the school. Click here to read this Injuries - Wrongful Death news article. |
| Sat, 06 Mar 2010 08:22:08 GMT Jury Clears Cortland Cop in Wrongful Death Case WYFX-TV Youngstown A jury in Trumbull County did not award damages in a wrongful death lawsuit against a Cortland police officer, the police department the city of Corltand. Click here to read this Injuries - Wrongful Death news article. |
| Fri, 05 Mar 2010 23:14:15 GMT Jury Awards $8 Million Verdict Against Shands Teaching Hospital for the Wrongful Death of a Child WebWire South Florida law firm Searcy Denney Scarola Barnhart & Shipley PA recently announced that a jury awarded $8 million to the family of a fifteen year old boy from Suwannee County who died after Shands Teaching Hospital and Clinics, Inc. Click here to read this Injuries - Wrongful Death news article. |
