Wrongful death lawsuits occur quite often in the United States. These lawsuits are often carried out by family members who’ve lost loved ones due to someone else’s actions. A wrongful death lawsuit may be aimed at an individual or an entity (like a corporation). The following are a few questions and answers that should help clear up some confusion about these claims.
What exactly is wrongful death?
Survivors will typically seek the help of a Wrongful Death Lawyer after a loved one’s life has ended by the hands of someone or something. The person who died supported their survivors emotionally and financially. Now that this person is gone their emotional and financial support is gone as well. The person or persons negligent for the death had to have acted recklessly or carelessly. In some cases, these deaths are caused intentionally (such as a murder).
How do the courts determine the amount of compensation survivors receive?
Figuring out the amount of damages to award a family member can get a little complicated. Survivors will be entitled to compensation in order to cover funeral costs and medical bills. However, survivors often pursue compensation for pain and suffering and future earnings that would’ve been made by the deceased. How do you measure someone’s pain and suffering? How much money would the deceased have made if they were allowed to live out their life? These are the types of decisions that are often determined by lawyers and a jury.
Is wrongful death the same as murder?
In short, no. Wrongful death cases and murder cases are handled differently in the court of law. Murder cases are handled in criminal court. In order to be found guilty of murder the prosecution must prove that the defendant is guilty beyond a reasonable doubt. Murder cases are brought to a group of citizens who will determine the verdict.
Wrongful death cases are handled in civil court and are carried out by the victim’s survivors. In these cases, the standard “proof beyond a reasonable doubt” doesn’t apply. The courts will take a look at the evidence presented. It’s up to the Wrongful Death Lawyer to prove that the defendant is more than likely responsible for the deceased’s death. If this can be proven, a settlement will be awarded to the survivors. Get more details HERE.
Follow us on Google+ for more updates.
