Wrongful Death Lawsuits Explained - What Potential Clients Should Know

                                                                                         

A wrongful death lawsuit is a civil court action brought by survivors of the deceased against a person or corporation whose negligence or intentional act caused the death. It is a separate lawsuit from any criminal charges the responsible party may face in connection with the death.

A well-known example is the case of O.J. Simpson who was acquitted of murder in a criminal proceeding, but found responsible in a civil wrongful death lawsuit brought by his ex-wife’s and Ron Goldman’s families. In situations where a corporation, such as a tobacco company, is the cause of the wrongful death, criminal charges cannot be brought. A wrongful death lawsuit is the only option for the deceased’s family to be awarded restitution.

Each state has unique wrongful death statutes, but they generally outline who is entitled to bring a wrongful death lawsuit. Wrongful death statutes were originally brought into being to provide compensation for spouses and dependent children of a person whose death was caused by another’s negligence or actions. They are also intended as incentive to conduct one’s self is such a manner as not to cause the death of another.

A wrongful death lawsuit is based on four principles.

Firstly, the Defendant caused the death of the deceased.

Secondly, the Defendant was negligent or willfully caused the death.

Thirdly, the deceased left behind a spouse, children, dependents, or parents.

And fourthly, the death of the deceased caused financial losses for the spouse, children, dependents, or parents.

While parents of a minor child may file a wrongful death lawsuit, a fetus does not have legal status and parents may not file a wrongful death lawsuit for a child in utero. There must be a preponderance of evidence for a wrongful death lawsuit to be successful.

Damages, which may be awarded in a wrongful death lawsuit, include loss of earnings, loss of companionship, grief, loss of guidance, and medical, funeral, and legal expenses. Parents of children may claim for loss of future financial support from that child.

A wrongful death lawsuit must be filed within a specific period of time after the death of the decedent dependent on state statutes and whether the Defendant is a person, corporation or government body.

About the author:
If you or a loved one has been injured by another party, it is important to discuss these issues with skilled medical malpractice attorneys in Pennsylvania, wrongful death attorneys in Pennsylvania, and personal injury lawyers in Scranton, Pennsylvania for more information on your legal rights.

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