Wrongful Death Case Issues and
Lawsuit Examples...

Wrongful death cases are filed when a decedent is killed by the negligence of another legal entity, be it an individual or corporation.

Most recipients of a wrongful death case award are the surviving spouses, parents or children of the victim.

Wrongful death statutes can vary slightly from state to state. Most states allow the disposition of a wrongful death award by the probate process of the will established by the deceased prior to their death.

Wrongful death cases start with the death of a human being, either through negligence or an intent to cause harm. Some criminal cases have ancillary wrongful death cases opened. Case elements can include:

• pain and suffering of surviving family members
  
• compensation for future earnings of the victim
  
• the appointment of counsel for the victim's estate

Typical examples of wrongful death cases include:

• automobile and aircraft accidents
  
• extensions of medical malpractice suits
  
• exposure to occupational hazards

While the negligent party in a wrongful death suit can deduct the expenses of medical care given to the deceased prior to the award being granted, the awards are usually merited for earning interest from the date of death.

In a wrongful death case it's often difficult to determine the value of financial loss to the survivors.

Calculating financial compensation starts with consideration of the victim's age, character and health at the time of death, including factors such as training, capacity for future training at the time of death, and an estimate of lifetime earning potential.

This assessment - a reduction of a person's life to a set of numbers - is often contentious as details are negotiated. It can also include assessments and redress for non-financial injuries to the survivors, such as loss of parental guidance and loss of consortium.

Wrongful death lawsuits usually rely on a jury to determine the size of the damage award after hearing the evidence presented by both sides.

While the jury determines the award, its verdict can be adjusted by the court for numerous reasons. These can include consideration of how the deceased spent prior income, or assessing that a particularly young or talented victim may have had a greater lifetime income than the jury considered.

Wrongful Death Case Studies:

Fraternity Hazing Results in Student Death - In this case, a student dies of alcohol poisoning and hypothermia after being left out in the cold by fraternity members during a pledging ritual.

Wrongful Death Settlements Involving Municipalities - City, state and federal governments have a legal privilege known as sovereign immunity which can shield them from lawsuits. This case illustrates circumstances when sovereign immunity does not apply.

Drinking and Driving Accidents - This case deals with the unfortunate consequences of driving while under the influence. A woman dies and a man is paralyzed from the waste down. Here we'll examine issues of liability and compensation.

Read these real-life case examples to better understand wrongful death legal issues:

Plaintiff Fights to Keep Wrongful Death Award Trial in Their Own State - In this wrongful death award case the plaintiff is seeking damages in New York court for the death of her husband while he was at work on a job in Connecticut.

Trucking Wrongful Death Case Where the Plaintiff is Seeking Indemnification - In this trucking wrongful death case a worker was killed while working at a State highway construction site. The State at the time believed it was protected from any liability for injuries on the site by the contractor's liability insurance.

Anesthesia Wrongful Death Case Appealing a Previous Award for Punitive Damages - In this anesthesia wrongful death appeal the defendant thought the original jury award was excessive and is asking to the have the initial award of punitive damages reduced.