Wrongful Death

Wrongful death occurs when a person is killed because of someone else’s negligence, or misconduct. The person at fault could be an individual, a group of people or a company. Relatives who have suffered financial and emotional damage because of the death must be the ones to file a wrongful death suit. Also, the plaintiff (the relatives) must show that the defendant was partly or wholly to blame for the death, even if the defendant did not have the intention to kill.

The ability to file wrongful death suits did not always exist. The law used to award damages only to the injured person, and did not account for what happened in cases of death. Families were left without any means of compensation in instances of wrongful death. However, all states now have wrongful death laws. The difficult aspect for families of wrongful death victims is deciphering these laws. In every state, they are different. They usually consist of four parts:

The defendant is partly or wholly to blame for the death.
The defendant was negligent or strictly liable for the death.
There is a surviving spouse, children, beneficiaries and/or dependants.
Monetary damages have resulted from the death.

The monetary damages that can be recovered include the expenses associated with the death, including medical expenses and funeral expenses; the loss of the victim’s anticipated earnings until retirement or death; the loss of benefits caused by the victim’s death, including insurance, pension, etc.; the loss of inheritance caused by the death; pain and suffering of survivors; loss of care, protections and companionship to the survivors; general damages, which include non-monetary damages suffered; and punitive damages, which include damages meant to reform and deter the defendant from pursuing similar courses of action (such as those that resulted in the death) in the future.

Personal injury attorneys who specialize in wrongful death suits can help you:

Determine and prove all the damages incurred.
Determine your state laws concerning wrongful death.
Possibly help recover interest accrued from time of death.
Help you argue for punitive damages.

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Wrongful Death Wrongful death occurs when a person is killed because of someone else’s negligence, or misconduct. The person at fault could be an individual, a group of people or a company. Relatives who have suffered financial and emotional damage because of the death must be the ones to file a wrongful death suit. Also, the plaintiff (the relatives) must show that the defendant was partly or wholly to blame for the death, even if the defendant did not have the intention to kill. The ability to file wrongful death suits did not always exist. The law used to award damages only to the injured person, and did not account for what happened in cases of death. Families were left without any means of compensation in instances of wrongful death. However, all states now have wrongful death laws. The difficult aspect for families of wrongful death victims is deciphering these laws. In every state, they are different. They usually consist of four parts: The defendant is partly or wholly to blame for the death. The defendant was negligent or strictly liable for the death. There is a surviving spouse, children, beneficiaries and/or dependants. Monetary damages have resulted from the death. The monetary damages that can be recovered include the expenses associated with the death, including medical expenses and funeral expenses; the loss of the victim’s anticipated earnings until retirement or death; the loss of benefits caused by the victim’s death, including insurance, pension, etc.; the loss of inheritance caused by the death; pain and suffering of survivors; loss of care, protections and companionship to the survivors; general damages, which include non-monetary damages suffered; and punitive damages, which include damages meant to reform and deter the defendant from pursuing similar courses of action (such as those that resulted in the death) in the future. Personal injury attorneys who specialize in wrongful death suits can help you: Determine and prove all the damages incurred. Determine your state laws concerning wrongful death. Possibly help recover interest accrued from time of death. Help you argue for punitive damages.