subject: Wrongful Death As Part of Personal Injury Law: The Basics [print this page] Wrongful Death As Part of Personal Injury Law: The Basics
Wrongful death lawsuits have been filed for years; for example, in the famous OJ Simpson case, he may have been found "not-guilty" of murder, but the family of Nicole Brown Simpson did indeed receivea wrongful death conviction in a California court a few years later.
Wrongful Death : What Does It Mean?
Filed by the surviving members of the family, a wrongful death lawsuit is an attempt to make an ellegedly negligent person "pay" for the death of another. If it can be proved in a court that the death resulted from the accused negligent behavior, monetary compensation may be awarded.
However when the death has been allegedy caused by the negligent actions of a corporation or company (rather than an individual), a wrongful death filing is sometimes the only route a family can persue. For example, the family of a chronic drinker that dies from complicatons of alcoholism may attempt to file a wrongful death lawsuit against his the company that made his favorite drink.
Sueing for wrongful death was made legal in our country due to several factors. First and foremost, it was a way to get financial compensation for someone's negligent behavior. Second, the fact that one could sue for negligence made people think twice about performing grossly negiligent acts that resulted in the death of others. Although a wrongful death conviction is not a criminal offense, it is a method to obtain money from those who have been negligent. It also can provide an emotional catharsis to a family that is grieving over the loss of a loved one but for some reason, a criminal conviction was not attained (as with OJ Simpson).
Monetary Damages
Although monetary damage amounts may change from state to state, there are overall laws that remain the same. These laws can set limits on the amount of compensation awarded by juries, and to whom they can award funds to. States can set limits on damages awarded to an injured party, but in some states, it is truly "the sky's the limit"!
Sometimes it is difficult for courts to set a quantitative award amount in a wrongful death case, especially when the deceased did not earn a salary (as in the case with a small child, or stay-at-home mother). In these cases it is much more difficult to measure the monetary loss of the deceased family member than it is to mourn their loss on an emotional level. Nevertheless, the courts usually do arrive at a dollar figure based on the circumstances surrounding the death and the potential degree of negligence of the person being sued.
Wrongful Death Lawsuits and the Government
Once upon a time, the government was protected from being sued with a concept called sovereign immunity. This however has been all but repealed. Instead, citizens can now sue municipalities for what they perceive are negligent actions.
Questions Regarding Potential Wrongful Death Cases
A wrongful death attorney raleigh is the best alternative to consult about a wrongful death raleigh case. They can offer sound legal advice for your particular case. To obtain top legal assistance, please consult a personal injury attorney in raleigh.
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