When a death is caused by someone else, it may give rise to a wrongful death lawsuit. The person bringing the lawsuit is usually the spouse, children, or parents of the deceased person. They are often called "distributees" in the case. Wrongful death claims usually come about as a result of automobile accidents, exposure to toxic chemicals, accidents at work, defective products or machinery, or medical malpractice. Wrongful death is a type of personal injury claim. So, just like other personal injury claims, the lawsuit is filed against the people who are believed to be responsible for the injuries that led to death. This might be another driver, a doctor, a manufacturer, or an employer who has perhaps failed, for example, to keep machines functioning properly. The responsible party or parties may …show more content…
The lawyers begin the process of a wrongful death lawsuit by negotiating a settlement. If they fail to come to an agreement, the case may go to court for a judge or jury to decide the amount that the family will receive. What does the judge or jury take into account? There are several things. First and foremost, of course, is how much the responsible party is at fault for the wrongful death. This isn't always cut and dry. For example, if the death was caused by negligence, how much could the responsible party have known about the risks involved? A judge or jury may decide that the family is not entitled to as large a settlement if the responsible party could not have anticipated what happened. The evidence could also show that the deceased was negligent in some way and contributed to the cause of the accident. Other considerations are the age of the deceased. This makes a difference in how much money the family receives for lost earnings or potential lost inheritance. How much money would the deceased have been expected to make for the rest of his or her life? That will change the amount of money the family is
Maio, V. D. (2003). Medicolegal death investigation system: workshop summary. Washington, D.C.: National Academies Press.
Immar Medrano was employed as a journeyman electrician by Marshall Electrical Contracting, Inc. (MEC). Medrano attended an electrician apprenticeship night class at a community college. His tuition and books were paid for by MEC. One night, when Medrano was driving home from the class, a drunk driver crossed the centerline of U.S. Highway 65 and collided head-on with Medrano’s automobile. Medrano died in the accident. His wife and two children filed a workers’ compensation claim for death benefits against MEC. Medrano’s family should receive workers compensations since he was acting within the scope of his employment when he sustained injuries in the car crash that resulted in his death. This was in the scope of his employment since MEC paid
...e lawsuits brought by surviving family members were settled out of court before going to trial. The construction of a
A wrongful death suit can be raised by a wide range of sources when a fatality has occurred such as a car or truck accident, motorcycle or biking accident, nursing care or medical malpractice, and defective or dangerous products. These cases are often very technical and require the stewardship of a qualified attorney and this subject area is one where we are experts with South Carolina Law.
The Editors of Encyclopædia Britannica. "coroner's jury (law)." Encyclopedia Britannica Online. Encyclopedia Britannica, n.d. Web. 5 May 2014. .
A personal injury lawyer can help you to attain the compensation you deserve for your injury. A lawyer will provide you with advice, draft legal documents for you, and file complaints. Personal injury lawyers often specialize in doing only personal injury cases, or tort law, and they will therefore have plenty have experience to draw on while guiding you through the process. They can help you to reach a fair settlement with the responsible party. If the other party refuses to settle, they can also represent you in
If someone in your family passed away, and you feel that another person was responsible for it, you could have a wrongful death case on your hands. Since you most likely have never had to deal with a situation like this before, here are some common mistakes you might make when making your claim.
Liability for negligence is a civil matter. In liability negligence, the victim has to be able to prove that the defendant has legal obligations, and the obligations was breached, and that they have received foreseeable harm as a consequence of the negligence alleged. If the victim can prove that there was a breach of a legal obligation then he/she will be awarded damages based on the basis of the harm caused or loss sustained.
Consider the validity and effect of the following two clauses in the will of Dan: a) ‘I leave my cottage, at 42 Drumsesk Road, to my friend Gurpreet in full confidence that he will dispose of it in accordance with the instructions given to him during my lifetime’. Just before Dan signed the will, he told Gurpreet that he had left a ‘sum of money’ in the will to Gurpreet which he wanted him to hold for the benefit of Jenny. Gurpreet witnessed the will. Jenny died two days before Dan leaving two children. b) ‘I leave my residuary estate to my brothers Ken and Sam jointly’. A few days before the execution of the will Dan gave Ken a sealed envelope, saying ‘these are some instructions I want you and Sam to carry out when I die’. Ken replied ‘you know you can rely on me – if it’s fine with Sam it’s fine with me’. A year later Sam and Dan were killed in a car accident. The sealed envelope says that Dan wanted his residuary estate to pass to his youngest son Joseph. Advise the executors of Dan’s will.
Another person, on behalf of the deceased’s estate and surviving family, must file the claim. This person might also have the option to file certain civil claims that were open to the deceased person during his or her lifetime, provided that the statute of limitations has not expired.
An independent investigation will produce the evidence necessary to substantiate the matter in court. This could involve the collection a number of items including ultrasounds, photographs of the incident, and police reports. It must also be shown that beneficiaries have suffered from an emotional or financial loss due to the wrongful
Ferguson P. (1997). Causing death or allowing to die? Developments in the law. Journal of Medical Ethics, 23(6), 368, 5. Retrieved June 12, 2010 from ProQuest. (25504044)
The theories in which I base my decision on are res ipsa loquitor and negligence per se. Res ipsa loquitor means that “it creates a presumption that the defendant was negligent because he or she was in exclusive control of the situation and that the plaintiff would not have suffered an Injury”. Negligence per se means “an act of the defendant that violates a statute regulation or ordinance can be used to establish a breach of the duty of due care” (Mayer et al,. 2014, p. 163). Therefore, the injuries of the Prius driver and the people at the train station, I believe that George is at fault of negligence, because of negligence, carelessness and is foreseeable. Now as for the sparks from the wiring caught that lead to the other chain of events. I feel that George should not be held accountable for negligence, because it was unforeseeable. He could not prevent that it can cause a barn to explode and setting forth a series of
Both parties present their cases before a judge who moderates and a jury of people with no legal training decides on the facts of the case. The judge evaluates the evidence, the jury decisions on the facts and applies the appropriate law to it, then provides a judgement in favour of one of the parties. After the decision, if one of the parties believes it was unfair, he may appeal it to a higher court, in such appeal; courts may only review findings of law, not the facts.
Damages – if the other party cause’s drastic damages that cost the other party or affect it negatively than the other party can sue and take them to court of law, and the court may claim that the affected party may be paid and be taken back to its original position as it was