Obviously, there will come a time for all of us to die. But for some of us, this may happen before our time is up, and it can be due to somebody else’s fault. Losing someone you care about in that way is tragic. No money in the world can bring your loved one back but if there is a case of “wrongful death,” then you may be entitled to compensation. At the very least, this can help you compensate for any lost earnings, for medical and funeral bills and more.
Your loved one may have died as a result of a vehicle accident, or perhaps he died because he did not receive the correct medical treatment. Either way, you may be entitled to some form of compensation. One form of wrongful death can be medical malpractice. However, there are differences between the two. Having an understanding of these differences can be very useful in terms of building the right expectations for your case. Indeed, the two are not necessarily mutually exclusive.
They will imply that their loved one died due to the negligent behavior of someone else. The circumstances of these types of cases do not have to have anything to do with the field of medicine. For instance:
The legal definition of wrongful death describes it as taking someone’s life due to negligent or willful behavior by someone else. It is an area of tort law and each state has statutes to govern it. Generally, the statute will determine who is able to sue and what type of damage limitation is in place. It is a civil matter, which means that if someone is acquitted in a murder case, he may still be sued for wrongful death in a civil case. Perhaps the most famous example of this is the OJ Simpson trial.
A wrongful death can be determined after any act that leads to an injury and subsequent death, whether this action was intentional or unintentional. In cases of an unborn fetus, wrongful death cannot apply, as legal status only starts to exist on birth.
Each state determines who is able to sue in a wrongful death case. Generally, spouses, next of kin and children can do so. Some states allow separated spouses to bring action, although not if the separation was due to failure to provide support or desertion. In a number of states, children can only sue for the death of their parent if they were underage.
It is also important to understand that family immunity is in place in most states. This means two family members may not sue each other for wrongful death damages in most cases, although exceptions do exist. Additionally, only those states that have waived their Sovereign Immunity can be sued for wrongful deaths. Sovereign Immunity stops lawsuits against the government. However, many states have relinquished their Sovereign Immunity since the 1960s. In those cases, the notice requirement tends to be incredibly strict, with some having notice periods of as little as 30 days. A very famous example of a wrongful death suit against the government followed the standoff at Waco, Texas. The Branch Davidians sued for $675 million in damages in 1999, claiming that the state had used excessive force, leading to the death of all those inside. However, the judge ruled that the government was not liable in the case.
In wrongful death cases, the plaintiff must prove that the defendant’s actions directly caused the injuries and death of the deceased. Hence, the series of events and cause and effect must be completely clear. This makes it very difficult to sue under wrongful death in any case that is not clear cut.
In terms of damages, each state will have statutes in place to limit how much can be recovered in damages. Usually, compensatory damages are awarded, which is a restitution for lost monies as a result of the death. Often, plaintiffs also try to claim back money spent on funeral expenses and medical bills. Finally, a sum may be awarded for grief or loss of companionship compensation. In particularly heinous or reckless cases, punitive damages may also be awarded. This is a form of punishment towards the defendant.
Finally, various limitations are in place in the different states in terms of how much can be recovered. Other states do not have limits in place. Due to international treaties, there are limits that an international airline can be liable for. Similarly, workers’ compensation laws limit the liability of an employer.
In many cases, filing a wrongful death suit may be feasible. Determining whether there is a case to be made or not should be decided by a qualified attorney. It is therefore very important to contact a lawyer as soon as possible if you believe someone you care about has died as a result of wrongful death.
For instance:
A number of characteristics have to be present in order for a medical malpractice case to be present. These include:
The plaintiff may be awarded compensatory and punitive damages in each of these cases.
In these cases, there may be a case for medical negligence. Again, it is very important to seek legal advice as soon as possible. Medical negligence is often very hard to prove, because it has to be determined that a member of medical staff actually acted negligently, which goes above and beyond the possibility of human error.
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