Wrongful death can address a wide variety of situations. A wrongful death can be categorized as a death that occurred due to an accident. Someone not thinking ahead or being careless is often at fault for a wrongful death. Additionally, wrongful death lawsuits require a lower standard of evidence than criminal charges (murder, homicide, etc.). Therefore, someone was found not guilty in a criminal trial related to causing a death; it is still possible to recover under a wrongful death lawsuit. The infamous OJ Simpson case is a prime example of this phenomenon.
Common examples of wrongful deaths are usually causes the accident: a car accident, death via a broken or malfunctioning piece of equipment. Drunk driving is one of the most common forms of a wrongful death lawsuit. However, a wrongful death can often involve a medical component. Many successful wrongful death lawsuits are based on incorrect diagnoses, medication or treatment. In certain circumstances, murders or other homicidal acts can be used in a wrongful death lawsuit.
Family members often bring a lawsuit for a deceased loved one. In some cases, people outside of the deceased’s family can bring a wrongful death lawsuit if a will exists. If a lawsuit is successful, family members are awarded damages or monetary compensation. The following are common reasons for monetary compensation: lost wages, loss of future income, pain and suffering, loss of inheritance, etc. The amount of money rewarded to the party is wholly dependent on the individual circumstances of the case. The above factors among others will be considered and assessed based on severity to determine the amount of money awarded.
When preparing to speak to an attorney about a potential wrongful death lawsuit, more information is helpful! The more information provided to the attorney, the more helpful the attorney can be. Important information may include: name of witnesses, description of the incident, location of incident, longevity of incident if applicable, any evidence that may still exist.
In order for a wrongful death suit to be successful, the following elements must be present:
- Death of a human
- Death was caused by another person’s wrongdoing
- The surviving family members bringing the lawsuit suffered a financial hardship—either small or large—due to this situation
Like other court cases, a jury will decide if the family should be awarded money. The jury will also decide the amount of money awarded. However, the Judge ultimately can decide the final amount of monetary damages.
When considering bring a wrongful death lawsuit, it is extremely important to consult with a trusted attorney. Wrongful death lawsuits can be difficult to comprehend. While your family is suffering from the loss of a loved one, consult a trusted and experienced attorney to help to mitigate your loss. While a loved one can never be replaced, a wrongful death lawsuit may bring additional closure to a difficult situation. If you believe a family was a victim of a wrongful death, please contact our office today and schedule a consultation to discuss your case. Our law firm is very experienced in these cases and we would like to help your family pursue the negligent parties.