There have been many instances where someone dies, or is killed due to the misconduct or negligence of another person. The personal representative of the deceased’s estate is who would come forth to file a wrongful death claim, dependent upon the state. States have their own wrongful death statutes that lay the grounds for bringing forth wrongful death claims. Many wrongful death claims happen after the wake of a criminal trial, the standards of proof and sometimes much lower but the evidence remains the same. In short, just because someone is not convicted in a wrongful death case may still be found liable.
Many people are familiar with the case of former football player and actor O.J. Simpson. In 1994 Simpson was found not guilty of murder because prosecution could not find his guilt beyond a reasonable doubt. On the other hand, he was found liable for these death’s because the plaintiffs could prove he was responsible based on the amount of evidence against him.
To increase the possibilities of a successful wrongful death claim, there would unfortunately need to be a death. Not every death falls under a wrongful death case, these claims arise from many different instances, such as:
- The death of someone caused by the act of another intentionally or by negligence;
- Medical malpractice that resulted in a death;
- A death under someone’s supervision;
- Auto, truck, or airplane accident;
- Monetary suffering as a result of a death that occurred due to another’s negligence.
When discussing a wrongful death suit, the damages are based solely on financial injury and medical bills. Consulting a car accident attorney Dekalb County GA citizens trust can help in the case of an accident. Due to the extreme fact that the party directly affected has died, damages will be paid to those that may have lost economic support as a result of the death in question. Many courts ensure that the damages awarded are strictly based on the monetary injuries. There are many elements to determining the extremes of said injuries. Age, health conditions, character, and earning expectancy are some of the few. There have also been some instances where interest from the date of the deceased’s death is accrued.
In the event that you become, or know someone who is a victim of a wrongful death case, do not hesitate to contact a qualified and experienced attorney. The right attorney can help you navigate through the legal system and ensure that you, or your loved one receives the compensation they rightfully deserve in their time of need.
Thank you to our friend and contributor, Andrew R. Lynch, P.C., for his insight on this subject matter.