Wrongful Death

Wrongful death is death of an individual resulting from negligence or conscious action of the opposite party or entity. Some common causes leading to such death include medical negligence, careless vehicular accidents, unsafe workplace environment, careless or intentional misconduct, defective products, and willful criminal acts. A reckless driver who causes death of another individual in an accident can be held responsible for the death. A house owner who commits negligence by failing to cover the swimming pool in his premises, which kills a child, is also as responsible. It should however be understood that an action against wrongful death is independent of suing for criminal offense.

In case of a death of such nature, the surviving heirs, including immediate family members or other beneficiaries of the deceased, can file a lawsuit to bring action against the offender. There are statutes governing wrongful death, and these vary according to the state. The statute defines individuals that are eligible to file a lawsuit in such cases. Some statutes allow only minors to file a lawsuit in case of deceased parents and vice versa. In some states however, parents are not entitled to claim recovery where the deceased is a married adult or an adult not dependent on the parents financially.

In order that a lawsuit qualifies for wrongful death, the plaintiff should be able to prove that a death has occurred and that the death was as a result of the actions or inaction on the part of the defendant. It is essential that the plaintiff brings the suit to court before the Statute Of Limitation (SOL) expires. The SOL differs from state to state and in a majority of states, case needs to be brought to the court within a period of 3 years from the death of the victim.

Compensation rewarded to plaintiffs in such cases of death due to wrongful acts generally covers medical expenses, funeral costs, and long-term income that the deceased would have brought the plaintiff had he/she been alive. Compensation may also sometimes include money to restitute the emotional distress or loss of companionship borne by the victim(s). Compensation is calculated based on a number of factors and varies from state to state.

Punitive damages may be ordered by the court if the actions of the defendant were downright atrocious. Punitive damages are awarded to punish the defendant and to have him refrain from such actions in future. State statutes determine the proportion of distribution of the damages so recovered. In general, courts distribute it among survivors such that each gets an amount proportionate to his/her loss.

Loss of a loved one can be devastating, and more so, if he/she has been a victim of wrongful death. In case you have a valid claim, consult a lawyer specializing in such cases and file a lawsuit. Make sure that you hire a competent lawyer. An expert lawyer can help you with his expertise, build a strong case against the offender, obtain compensation, and above all get justice.