Wrongful Death
| Wrongful Death Overview |
Wrongful Death DefinitionWrongful Death is legal term that is used when a person's death has been caused by fault or negligence of another person or even corporation. For example, death caused by drunken driving accident is the fault of another individual. Other examples are the manufacturer of a defective product and the builder of a collapsed bridge. Even failing to diagnose a fatal disease may be considered under the law as "wrongful death".Wrongful Death ClaimThe wrongful death claim arises when somebody is to blame for the death of another person, whether negligently or intentionally. The latter is considered as criminal homicide and discussed later in the article. An individual or entity, such as a hospital or a construction company, for example, that caused the death may be liable under a wrongful death claim for financial losses that result from the death. A representative of the deceased person's family or estate will sue the liable party. Any recovery will be placed in the estate and distributed according to the terms of the estate.What financial damages may be recovered?Personal Injury Law uses specific terminology that is meant to name the whole spectrum of financial damages that is recovered in Wrongful Death cases - pecuniary loss. A pecuniary loss is a loss of money or one that can be translated in terms of money. The pecuniary damages may include medical and funeral expenses, lost wages that the decedent would have earned in the future. Also, other expenses that were incurred, as well as care and financial support that the family would have received in the future. These recovered damages are usually for the closest family members, such as spouses, children and parents.Pain, suffering or mental anguish suffered by the survivor of the decedent is not, usually, awarded by courts. However, emotional distress of the family may be recoverable in a personal injury claim. In rare cases, the decedent's estate may pursue an emotional distress claim, especially when the family member witnessed the negligent act that caused the death. Wrongful Death and Criminal Homicide CasesWhile both types of cases involve the death of a person they are in different domains of the Law. Both cases may occur for the same death event, but in a wrongful death case, the decedent's estate files the claim in civil court instead of a criminal court. In a criminal homicide case, the state pursues the case in a criminal court, may prosecute and put the defendant in jail.It happens very often when a wrongful death case and a criminal prosecution for the same death may yield different results. That is because in the wrongful death case, the plaintiff must prove that the defendant is "more likely" liable than not. In contrast in a criminal homicide case, the prosecution must prove "beyond a reasonable doubt" the elements of the criminal homicide charge. This is a much harder task than required in civil cases. That is why very often a defendant may be civilly liable for wrongful death, but not guilty of criminal liability. One of the most famous cases on the matter is O. J. Simpson murder case, when he was declared guilty in civil lawsuit, but acquitted in criminal charges. Certain situations with minimal recoveriesThere are certain cases when it is difficult to decide on the amount of recovered damages. When the decedent is an elderly person, common sense tells that the victim will have minimal future earnings.When the victim is a child with an uncertain future, calculating damages is especially difficult. That is because future earnings are highly speculative. Also, the degree to which children may contribute to their surviving parents is highly speculative too. An experienced professional may help tremendously in these specific wrongful death cases. |
