Should You Launch A Wrongful Death Lawsuit?

When OJ Simpson was acquitted of murdering his former wife and her friend, the family of Nicole Simpson launched a wrongful death lawsuit. It was the only way they believed they could bring some justice to a situation that had brought them so much pain and anguish.

Wrongful death is the process of making someone liable for the death of another. It’s usually launched by close relatives of the deceased. According to common law, a dead person obviously can’t sue, but others can take action in proving that the activities of an individual resulted in their loved one’s death.

A wrongful death lawsuit is one way to bring a company, as opposed to an individual, to trial in the death of a person. A company or corporation may be found negligent in the death of someone. For example, some families have tried to take tobacco companies to court to prove wrongful deaths of their loved ones who used their products. Some have been successful.

They were created for several reasons. One, to provide financial support to families left behind as the result of the death of the primary wage earner. It was also created to motivate people to take care in preventing injuries. Wrongful death is not a criminal charge. It is a vehicle whereby survivors can recover damages sustained due to the loss of a loved one, be it financial or emotional.

Wrongful death statutes are different in every state, but generally there are guidelines which define who may sue for wrongful death and the type of damages which may be awarded. Some states limit the amount of damages grieving families can collect. Damages are often distributed among the survivors, depending on how close they were or how dependent they were on the deceased person.

Ascertaining a dollar figure for damages can be difficult, particularly if the deceased was not employed. If it was a mother who was the home maker and child care provider, calculations can be made on how much the family has to pay to hire help for the surviving family. If the deceased was a child, damages are difficult to ascertain. How do you measure the amount of grief people feel? Frequently damages can be punitive if the person(s) or company caused the death of a person due to heinous neglect or irresponsible actions.

At one time, governments were exempt from being sued for wrongful death. But this sovereign immunity has now been removed in some states. That means, for example, that parents can sue local government for wrongful death if their child drowns in a municipal pool.

If you believe you should launch a wrongful death lawsuit, talk to a qualified lawyer. Choose a lawyer that has successfully represented clients in cases of these types in the past.

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Todd Skip




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