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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| Fri, 04 Jul 2008 07:00:00 GMT Tampa mom sues over 11-year-old son's football death The Stuart News Jamell Johnson died July 21, 2006, nine days after suffering from heatstroke while working out with the Nuccio Jaguars, the medical examiner said. Click here to read this Injuries - Wrongful Death news article. |
| Wed, 02 Jul 2008 18:57:49 GMT Parents Awarded $60.1 Million In Wrongful-Death Case Tampa Bay Online Mary Ann and George Patisso Sr. closed a tragic chapter in their lives when they left Polk County today after a jury awarded them $60.1 million Tuesday for the wrongful death of their son. Click here to read this Injuries - Wrongful Death news article. |
| Wed, 02 Jul 2008 01:03:25 GMT Hoffman's Family Considers Wrongful Death Suit WTXL An attorney for Rachel Hoffman's family says they're considering a lawsuit against the City of Tallahassee. Click here to read this Injuries - Wrongful Death news article. |
| Mon, 30 Jun 2008 20:07:10 GMT Mass Murderer Serrano Not In Court As Jury Picked For Wrongful Death Suit The Ledger Published: Monday, June 30, 2008 at 8:55 a.m. Last Modified: Monday, June 30, 2008 at 3:13 p.m. BARTOW Jury selection continued in the wrongful death trial against condemned murderer Nelson Ivan Serrano on ... Click here to read this Injuries - Wrongful Death news article. |
| Mon, 30 Jun 2008 16:02:27 GMT Mass Murderer Faces Wrongful Death Suit The Ledger Published: Monday, June 30, 2008 at 8:55 a.m. Last Modified: Monday, June 30, 2008 at 9:25 a.m. Nelson Serrano was sentenced to death for the murder of four people. Click here to read this Injuries - Wrongful Death news article. |
| Sat, 28 Jun 2008 11:57:44 GMT Wife of Man Struck by Des Plaines Train Claims Wrongful Death WBBM-AM Chicago Veronica Kindle, the wife of a 53-year-old man fatally struck by a train in northwest suburban Des Plaines filed a wrongful death suit against two railroad companies. Click here to read this Injuries - Wrongful Death news article. |
