Famous people who have launched a wrongful death lawsuit include the family of Nicole Simpson, former wife of OJ Simpson who was acquitted in the murder of her and her companion. After failing to find him guilty, the families instead sought punitive damages in her death
A wrongful death lawsuit is when the surviving family sues an individual or company for the death of a family member. If the death occurred as a result of the negligence of another, the families of the deceased can step in their place, suing on behalf of their dead family member.
When negligence causing death is perpetrated by a company or corporation and not a specific individual, wrongful death is sometimes a family's only recourse. An example of this is a death linked to smoking, whereby families have tried to sue tobacco companies claiming wrongful death as a result of using the companies' products. Some have actually been successful.
The ability to sue for wrongful death was instituted by law for a few reasons. The first was to obtain money for the grieving widows and families left without a breadwinner. Secondly, the threat of a lawsuit was considered a kind of negative motivation to be more careful on job sites. Wrongful death is not a criminal offense. It is a way to navigate through the legal system to obtain some sort of compensation due to the loss of income or emotional connection with a family member or loved one.
The damages awarded in wrongful death suits vary from state to state, but the fundamentals are all the same. Wrongful death statutes lay out who may sue, the limit of damages that may be awarded and to whom they may be distributed. Some states have no ceiling to the damages that may be awarded, and assess the payments to be made strictly on the circumstances.
It can be difficult in some courts to award an appropriate amount of damages, particularly if the deceased was not a wage earner. If a wife, home maker and stay-at-home mother was killed by some act of negligence, it would take some argument to determine the financial loss a family might sustain. If a child was killed, assigning a dollar figure to that loss is next to impossible. There is no proper dollar figure - you can't measure that type of grief. Therefore, damages assigned to an accused are often simply punitive, based on the severity or the degree of negligence in the wrongful death circumstances.
Sovereign immunity once protected government from being charged with wrongful death. However, this has been lifted in many states. The parents of a child that perhaps drowned in a pool, owned and operated by a municipal authority, can now sue the local government for wrongful death.
A lawyer specializing in wrongful death suits would be able to offer sound, impartial and unbiased advice. If you need to talk to a lawyer, find one that has been previously successful in bringing about a positive verdict. - 31397
A wrongful death lawsuit is when the surviving family sues an individual or company for the death of a family member. If the death occurred as a result of the negligence of another, the families of the deceased can step in their place, suing on behalf of their dead family member.
When negligence causing death is perpetrated by a company or corporation and not a specific individual, wrongful death is sometimes a family's only recourse. An example of this is a death linked to smoking, whereby families have tried to sue tobacco companies claiming wrongful death as a result of using the companies' products. Some have actually been successful.
The ability to sue for wrongful death was instituted by law for a few reasons. The first was to obtain money for the grieving widows and families left without a breadwinner. Secondly, the threat of a lawsuit was considered a kind of negative motivation to be more careful on job sites. Wrongful death is not a criminal offense. It is a way to navigate through the legal system to obtain some sort of compensation due to the loss of income or emotional connection with a family member or loved one.
The damages awarded in wrongful death suits vary from state to state, but the fundamentals are all the same. Wrongful death statutes lay out who may sue, the limit of damages that may be awarded and to whom they may be distributed. Some states have no ceiling to the damages that may be awarded, and assess the payments to be made strictly on the circumstances.
It can be difficult in some courts to award an appropriate amount of damages, particularly if the deceased was not a wage earner. If a wife, home maker and stay-at-home mother was killed by some act of negligence, it would take some argument to determine the financial loss a family might sustain. If a child was killed, assigning a dollar figure to that loss is next to impossible. There is no proper dollar figure - you can't measure that type of grief. Therefore, damages assigned to an accused are often simply punitive, based on the severity or the degree of negligence in the wrongful death circumstances.
Sovereign immunity once protected government from being charged with wrongful death. However, this has been lifted in many states. The parents of a child that perhaps drowned in a pool, owned and operated by a municipal authority, can now sue the local government for wrongful death.
A lawyer specializing in wrongful death suits would be able to offer sound, impartial and unbiased advice. If you need to talk to a lawyer, find one that has been previously successful in bringing about a positive verdict. - 31397
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