No matter how painful it is to lose a loved one, it is far more devastating to lose a loved one to a wrongful death. A wrongful death is a death that happened due to negligence or “wrong” acts on the part of another.
A Wrongful Death Case is a lawsuit brought as a civil claim against a individual held to account for a death. The lawsuit is typically brought by a close relative, since a deceased person can not bring a complaint, and the plaintiff (also known as the defendant) claims a certain amount of negligence or misconduct. The remaining members of the family are considered victims and have the right to punitive damages. If you are looking for more tips, check out Hilbrich Law Firm.
Initially, surviving family members had no legal recourse to carry wrongful death cases into common law courtrooms throughout the United States. Over time things began to change as more and more states started passing legislation to support survivors. Today, every state in the U.S. has laws that require family members to file a monetary damages claim when they have wrongfully lost a loved one. The laws for filing a wrongful death suit differ somewhat from state to state, but they are all somewhat similar in nature and cover a number of forms of wrongful categories of death that result from a death that results from personal injury.
Because the matter is generally brought before a civil court as opposed to a criminal court, the standard of proof is a simple predominance of the facts, as opposed to making the case beyond a shadow of reasonable doubt as is necessary in the criminal court system. Because of this distinction, it is much easier for a family to pursue justice for their loved one’s death in this manner than calling for criminal charges would be. This being said, both charging a individual criminally and obtaining civil damages is not impossible. It is not unusual for anyone to obtain a conviction of murder , manslaughter or criminally negligent homicide while still civilly suing for wrongful death.
False death is typically broken down bit by bit to fit into one major category such as: medical malpractice, product liability, defective medications, or toxicity.
False deaths resulting from medical malpractice are becoming increasingly frequent in the US. About two hundred thousand people are estimated to die each year from medical malpractice. (Statistical courtesy of attorneys.com). Therefore, medical malpractice can be broken down to include: drug mistakes, birth injuries, general neglect and surgical misconduct.
A wrongful death arising from responsibility for goods means the death happened as a direct result of a faulty product. A commodity may be defined as any form of consumer goods, such as prescription drugs, vehicles , machinery, and many other items. There were several product liability claims filed against tire companies for defective tires that resulted in fatal automobile accidents, as well as automotive companies for deaths that occurred due to equipment defects or seatbelt faults.
Another common case seen in courtrooms today is a wrongful death as a result of faulty medications. Many of the medications currently on the market have multiple side effects that can lead to serious complications and death. If this occurs, the drug company can be hit with a claim for the wrongful death.