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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| Mon, 05 Jan 2009 13:46:06 GMT No Punitive Damages for Wrongful Death Marine News The Supreme Court of British Columbia ruled that punitive or aggravated damages are not allowed in a wrongful death action brought under the Marine Liability Act. Click here to read this Injuries - Wrongful Death news article. |
| Mon, 29 Dec 2008 08:00:00 GMT ClickOn's 10 Most Popular Stories Of 2008 ClickOnDetroit.com Say what you will about 2008, but it sure wasn't a dull news year in Michigan. Michigan and Detroit faced many challenges while trying to keep its head above water amid a rising recession. Click here to read this Injuries - Wrongful Death news article. |
| Tue, 30 Dec 2008 19:47:46 GMT ClickOnDetroit's Top 10 Most Popular Stories In 2008 ClickonDetroit.com Say what you will about 2008, but it sure wasn't a dull news year in Michigan. Michigan and Detroit faced many challenges while trying to keep its head above water amid a rising recession. Click here to read this Injuries - Wrongful Death news article. |
| Sat, 27 Dec 2008 00:10:32 GMT Wrongful death lawsuit filed against church Northwest Florida Daily News A woman is suing a local church for the death of her son, who was killed in a motorcycle crash early this year. Click here to read this Injuries - Wrongful Death news article. |
| Fri, 26 Dec 2008 16:03:55 GMT ICE Immigration Raids Waste Time and Money New America Media Editor's Note: ICE workplace raids might round up hundreds of people working illegally in poultry plants but do they justify the money spent? Robert Hildreth writes that DHS Secretary nominee Janet Napolitano ... Click here to read this Injuries - Wrongful Death news article. |
| Tue, 23 Dec 2008 15:35:38 GMT Attorneys Argue Work Related Injury Left Employee With Pain Disorder WebWire A food service employee working at a private school suffered second and third degree burns when a steam boiler spewed excess steam onto his foot and ankle. Click here to read this Injuries - Wrongful Death news article. |
