Wrongful death is the term used when someone causes
the death of another person. The death may be caused
by the actions of someone 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.
If it can be shown that the decedent was partially
responsible for his death, then he may be found to
have comparative or contributory negligence and
dependent upon the state in which the incident
occurred, 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.
Different states have different methods for deciding
who may file a wrongful death suit and who may recover
damages. 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.
In a case of wrongful death, damages are assessed to
compensate family members for their loss. 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 is the loss of
future earnings and benefits, as well as the loss of
companionship. These damages are more 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 very difficult to calculate
since 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 or a loved one has suffered as a result of a
wrongful death, call Attorneys911 at
our toll free number, (800) 300-0001 or submit
an online questionnaire. The initial consultation
is free of charge, and if we agree to handle your
case, we will work on a contingency fee basis
(excludes Criminal Cases), which means we get paid for
our services only if there is a monetary recovery of
funds. 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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