subject: Understanding The Process Of Wrongful Death Claims [print this page] You have probably heard the term wrongful death at some point, particularly with all of the talk about Michael Jackson's wrongful death lawsuit against his doctor. However, if you are like most Americans, you may not exactly what this means or how you go about handling one.
To define exactly what it means, if a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent's death. This area of tort law is governed by statute.
In order to sue for wrongful death, it must be proven that the acts or omissions of the defendant were the proximate cause of the decedent's injuries and death. This means that the defendant's wrongful conduct must have created a natural, direct series of events that led to the injury.
Originally, wrongful death statutes were created to provide financial support for widows and orphans and to motivate people to exercise care to prevent injuries. A wrongful death action is separate and apart from criminal charges, and neither proceeding affects nor controls the other.
This means that a defendant acquitted of murder may be sued in a civil action by the victim's family for wrongful death. An action may be brought for either an intentional or unintentional act that causes an injury that results in death.
A blow to the head during an altercation that later results in death is an injury that is intentionally caused. The driver of an automobile who unintentionally causes the death of another in an accident may be held liable for negligence.
An individual who, in violation of local law, neglects to enclose a swimming pool in his yard can be held liable for the omission or failure to act if a child is attracted to the pool and subsequently drowns.
The individuals entitled to sue for wrongful death are enumerated in each state statute. Many statutes provide for recovery by a surviving spouse, next of kin, or children.
Some states permit a surviving spouse to bring an action even in the event of a separation, but not if the surviving spouse was guilty of desertion or failure to provide support. Ordinarily, children may bring suit for it of their parents, and parents may sue for the wrongful death of their children.
In the absence of a legal exception, the surviving beneficiaries may sue any person who caused the injuries that precipitated the death. Wrongful death actions filed against state or local government will be allowed to go forward only if the state has waived its sovereign immunity, a doctrine that bars lawsuits against the government.
Since the 1960's, a majority of states have relinquished the right to claim sovereign immunity in many instances. Therefore, if a child drowns in a municipal swimming pool, the parents may be able to sue the city for wrongful death based on negligence.
Compensatory damages, which are intended to make restitution for the amount of money lost, are the most common damages awarded these actions. Plaintiffs who prevail in a wrongful death lawsuit may recover medical and funeral expenses in addition to the amount of economic support they could have received if the decedent had lived and, in some instances, a sum of money to compensate for grief or loss of services or companionship.
Determining the amount of damages in a wrongful death action requires the taking into account of many variables. To compute compensation, the salary that the decedent could have earned may be multiplied by the number of years he most likely would have lived and can be adjusted for various factors, including inflation.
Standard actuarial tables serve as guides for the life expectancy of particular groups identified by age or gender. The decedent's mental and physical health, along with the nature of his work, may also be taken into consideration by a jury.
Damages cannot always be calculated on the basis of potential earnings because not everyone is employed. Courts have set minimum yearly dollar amounts for the worth of an individual's housekeeping and for child care services.
Punitive damages may be awarded in a wrongful death case if the defendant's actions were particularly reckless or heinous. Punitive damages are a means of punishing the defendant for his action and are awarded at the discretion of the jury.
As you can see, much goes into the processing and law of a wrongful death suit. If you are going to participate in one of these cases, make sure that you do your research to ensure a victory.
