Wrongful Death Lawsuit

Wrongful death is the basis for a lawsuit against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. The reason is to compensate family members who have suffered financially and emotionally from the death, by paying for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the death.

The only way a wrongful death lawsuit can be won is where it is proven that the defendant's conduct was the direct cause of the death and that the death would not have occurred without the defendant's act. If however that it is determined that both the defendant and descendent were responsible in the death, damages may be awarded based on the percentage of negligence of the defendant.

The most obvious loss in a wrongful death lawsuit is the expense incurred by medical and death expenses. Less apparent losses such as future earnings and benefits, as well as the loss of companionship are also decided. Punitive damages are an amount awarded to punish the person who caused the death, rather than to compensate usually when the act was intentional or grossly negligent.

Under "common law" (the general legal principles passed from England to the United States over hundreds of years) this type of claim did not exist. It was reasoned that the claim died with the victim, and the surviving family members could not claim damages from the person who caused the victim's death. To correct this, the individual states have passed "wrongful death statutes" over the years, and some form of wrongful death claim action exists in all state jurisdictions today. While they all follow some general principles, each state jurisdiction is unique, since each state has drafted its own form of a "wrongful death statute".

If you or a loved one has suffered as a result of a wrongful death, contact us today. We can put you in touch with experienced wrongful death lawsuit attorneys in your area.

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