The ABC's of wrongful death

2007-03-08 10:33:40

( Legal )



Wrongful death pertains to a lawsuit brought against an individual who is allegedly responsible for the premature or accidental death of another due to negligence or misconduct. Wrongful death suits are often the result of construction site accidents, workplace accidents, traffic accidents, medical malpractice, dangerous or defective products and drugs and other accidents and injuries.

The first goal of a wrongful death lawsuit is to seek just compensation for the family of the victim in order to provide financial support and help pay medical expenditures. Equally important is to obtain damages for the pain, mental anguish and suffering brought about by the loss of a loved one or lost wages and opportunities. This is to ensure that undue financial stress will not increase a family's grief and emotional suffering.

Different states have diverse rules governing the exercise of wrongful death lawsuits. Florida wrongful death laws can differ vastly from California wrongful death laws. However, the following key components must be present in any wrongful death lawsuit:
• Death of an individual
• Negligence by another individual
• Monetary injury arising from wrongful death
• Appointment of personal representatives for the estate of the deceased.

Any private party may sue for wrongful death. But unlike criminal law, wrongful death suit defendants have lesser constitutional protection like immunity and the right to refuse to give testimony. The basis of proof is often in the power of evidence and not beyond reasonable doubt. It is also due to this reason that a family often seeks justice or compensation for wrongful death against an individual in a civil court and not through a criminal law conviction. It is noteworthy however, that both actions are not mutually exclusive. An individual may be prosecuted criminally for manslaughter, murder or some other theory for causing another person's death. That same person can also be sued in a civil court for wrongful death.

Often, the reasons for wrongful death compensation are not clear-cut. Depending on these laws, compensation from the responsible party or individual may vary when a wrongful death has been determined. Compensation can mean monetary measure of support lost to the surviving family – moral love and support, parental guidance, household and childcare servicing and companionship; restitution of lost financial support as a result of premature death; monetary measure of the grief, pain and suffering resulting from the loss of a loved one; payment to decedent's estate for loss of income and life's pleasures; and monetary measure of the value of life which include the financial and non-financial aspects as well as the concerns of the individual on the effects of his or her death on surviving family members.

When faced with or involved in a wrongful death case, it is of utmost importance to engage the services of a wrongful death attorney specializing in wrongful death cases in your area.


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