The Liability Issues Of Wrongful Death

A wrongful death refers to the untimely passing of any individual that is caused due to negligence, carelessness or recklessness of another person or entity. Because of this, liabilities for wrongful death can be attributed to single persons, groups of people, business establishments, medical facilities, the government or other organizations. Causes

Wrongful deaths may be caused by a variety of circumstances for which liability claims and lawsuits are often brought. Below are just some of the more common situations that cause loss of life:

• Vehicle, truck or other motorist accident

• Medical and surgery negligence or error

ClaimsWrongful death civil litigation claims can be made regardless of whether or not criminal charges were are filed. As noted by a wrongful death attorney in New York, “A wrongful death lawsuit can allow family members and loved ones of the victim to seek justice for the death and attempt to ‘make whole’ any next of kin.”

Making a successful case requires that an experienced wrongful death attorney gather evidence and attend to other critical elements in order to obtain a suitable settlement or prevail in court. As a result, claimants may receive financial damages from defendants that are based upon losses. The majority of wrongful death cases involve proving negligence as the cause of injuries sustained that led to a fatality. Negligence

Negligence alone is usually insufficient in and of itself to process a wrongful death case. This is because the actions under prevailing conditions that led to personal harm or death is what will prove the case. In criminal homicide cases, the state will prosecute the case in the criminal court system and seek jail time or a prison sentence. It is not uncommon for both types of cases to be filed as both a homicide and a wrongful death.

Damages

Depending upon the circumstances surrounding wrongful death claims, immediate family members and domestic partners could be in a position to seek compensation for damages such as:

• Earning losses

• Medical costs

• Funeral expenses

• Pain and suffering

• Companionship loss

• Punitive damages

Awards

Nothing can ever replace a loved one in someone’s life. The court may award money that can represent the losses in connection with the person’s death. For instance, monetary awards may be assessed when the deceased was:

• Conscious and suffered between the injury and death

• The biological or adoptive parent of survivor children

• A sole or partial wage earner for the family

• A spousal or domestic companion

Pecuniary awards are generally sanctioned by a jury and a judge, and are based upon familial relationships and the specific circumstances of the deceased. As expressed by a wrongful death attorney in New York, “Close family members may make a claim for wrongful death anytime someone is killed as a direct result of negligence or wrongdoing.”