Wrongful Death Law


Wrongful Death Law





Wrongful Death Law Firms
What is Wrongful Death Law? This is a subcategory of Personal Injury Law, and therefore requires a showing of negligence or an intentional wrong-doing by the accused party. Unlike other personal injury claims however, wrongful death claims are meant to recover damages for specific family members and/or heirs of the deceased, rather than for the “injured” party. Medical malpractice claims may frequently involve wrongful death actions as well.

These types of civil actions claim that another party or entity is liable (legally responsible) for the death of another individual, due to his wrongful conduct, actions or failure to act in a certain manner, and this caused the death. Only certain parties can file these claims. This usually only includes immediate family who were dependents of the deceased party, such as spouses, minor children and sometimes parents. Additionally, the relative filing the claim must have suffered monetary damages as a result of the victim’s death.

Although the executor or administrator of the estate of the deceased party may file the claim, generally any damages awarded may not be considered an asset of the estate. Instead the money is meant to be used solely for the benefit of his/her legal beneficiaries, and cannot be attached to pay the debts of the estate (See Estate Planning Terminology).

Wrongful death law is governed by statute. The purpose of the statutes is to financially provide for the spouse and children of the deceased and to act as a deterrent to others for reckless behavior. The statutes are created at the state level and usually identify who may bring suit and establish how much they may recover in damages. Limitations on the amount of damages one may recover in a wrongful death suit do not exist in all states.

Oftentimes, if a person, who is suspected of murdering another individual, is found not guilty in a criminal trial, the family of the murder victim may seek justice in a civil court by way of a wrongful death suit. This is possible because the burden of proof is less stringent in a civil lawsuit. In criminal law, for a finding of guilt, it must be proven beyond a reasonable doubt, whereas it is only necessary to show a “preponderance of evidence” in a civil trial. This means that it is more likely than not. Because of this, it is possible that an individual found not guilty of criminal murder may still be held responsible in a civil court of the wrongful death of the individual for whose murder he was acquitted.

Compensatory damages are the most common awards in for these claims, such as loss of income, loss of prospect of inheritance, medical and funeral expenses, as well as the personal loss of the family member. Only some states allow punitive damage awards, and this is usually only in the case where the death was the result of serious or malicious actions. It is advisable to consult with a Personal Injury attorney experienced in wrongful death suits to determine if you are eligible to file a wrongful death suit, and if your state allows for punitive damages.

To consult State legislation for filing a personal injury claim visit our Personal Injury Statute of Limitations by State page. Visit us at Google+ Copyright HG.org


Wrongful Death Law - US

  • Calculating Compensation in Cases of Wrongful Death

    Death statutes in the United States list elements of loss for which a defendant must make compensatory payment. The element that economists as expert witnesses are called upon to calculate is net income, roughly defined as the decedent's income minus personal expenses.

  • Wrongful Death - Overview

    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. Wrongful death statutes vary from state to state, but in general they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages.

  • Wrongful Death Claim - Definition

    Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute.

Organizations Related to Wrongful Death

  • American Wrongful Death Attorney Network

    Because the harm caused by the wrongful death of any person normally has devastating effects on surviving family members, lawyers must exercise a great deal of diligence, creativity and compassion to successfully prove the full extent of their clients' damages.

Publications Related to Wrongful Death Law

  • Damages in a Wrongful Death Lawsuit

    Wrongful death laws vary a great deal from state to state and damages that may be available in one state may be barred in another. It’s very important that you get accurate information on the damages available in your jurisdiction when you evaluate your case.

Articles on HG.org Related to Wrongful Death Law

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    Eugene Collier, a long time hunter well into his 60s, was recently acquitted of manslaughter charges in the accidental shooting death of Marine Reservist Christopher Ochoa, 20 years old from California. According to testimony, Collier believed he was shooting at a bear when he pointed his rifle at Ochoa and pulled the trigger from about 100 yards away. Collier admits to shooting Ochoa, but calls the incident a “tragic accident”.
  • Louisiana Jones Act Claims: Types of Wrongful Death Compensation
    Wrongful death lawyers can file Jones Act on behalf of surviving family members. Wrongful death compensation could include medical costs, lost earnings and more.
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    As the number of motorcycles on St. Louis, Missouri and Illinois roads increases, so does the potential for deadly encounters between motorcycles and cars. Many different types of careless or negligent behavior on the part of other motorists can lead to injury or death for the motorcyclist.
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    The average weight of a passenger vehicle is 3,000 pounds and is simply no match for such large trucks. The statistics support this. Over 86% of those killed in large truck accidents are passengers in smaller vehicles.
  • Legal Assistance to Claim Compensation for Wrongful Death
    Legal assistance is required in case you want to file a lawsuit for compensation for wrongful death.
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