Wrongful Death

Can it ever be said that a death was right? Nobody wants to experience the death of a loved one, even if he or she had lived a long and fruitful life. Death that is caused by the negligence of another party in an accident however is more difficult to understand and accept. If someone you love dies in an accident, you may be eligible for damages from the responsible party.

In common law, upon which current laws are frequently based, a dead person could not file a suit. If injured and seeking damages for personal injury, for example, and you later died from those injuries, the suit died with you. A family member could not recover damages. This legal loophole would allow for damage from a personal injury, but not for a wrongful death.

A wrongful death claim can be made by surviving family members if they can prove that the death of the loved one was caused by negligence or other liability of the defendant in the case. The most famous wrongful death cases of recent memory are of course the O.J. Simpson and Robert Blake cases. In both cases, the defendant was acquitted of murder, but found liable under a wrongful death claim in a civil court.

Unlike a murder charge in a criminal case, a wrongful death claim just has to weigh the preponderance of the evidence, as opposed to guilt beyond a reasonable doubt. Most wrongful death claims have four elements.
1. The death was caused by the conduct of the defendant
2. The defendant was negligent or strictly liable for the death
3. There are surviving children, spouse, or other beneficiary of the victim
4. The death caused monetary damages

The beneficiaries, spouse, or children can seek damages for the loss of their loved one. Damages may include:
• Medical and funeral expenses
• Loss of anticipated income
• Loss of benefits
• Pain and suffering
• General damages
• Punitive damages

Expectancy tables are used in most states to calculate future damages. The tables take the earnings at the time of death and calculate expected earnings base on an average death or retirement age. These tables are also used to calculate loss of other benefits; such as the amount of pension that would have been available had the victim lived.

In order to prevent paying too much to the plaintiff, the totals of the future earnings and the other damages that are awarded are based on present value. By using these complex formulas, court will decide on the damages that should be awarded. Many states have codified the calculations to make figuring them more standard. A higher level of proof must be obtained in order to assess punitive damages. These damages are not meant to compensate the victim, but are used to punish the defendant if the claim is egregious in nature. In order to navigate the legal waters, you should seek the services of an experienced wrongful death attorney.