The Facts About Wrongful Death.

A wrongful death can occur in a variety of ways. A doctor, nurse, hospital or other medical professional or medical establishment can cause wrongful death through medical malpractice. Medical malpractice wrongful death cases can include incomplete or incompetent care, misdiagnosis that leads to a death that could have been preventable, lethal medication combinations or medication that is not administered, or faulty medical facilities that to do not meet the regulations for the basic standard of care. Car accidents or airplane crashes often result in wrongful death. In such cases, the driver, pilot or company responsible for the crash can be held responsible for the wrongful death that results from the crash.

If someone is exposed to hazardous substances such as asbestos at their job which leads to their death, the company they work for can be held responsible. In similar cases, unsafe conditions at a work site that result in death can also be valid grounds for a wrongful death lawsuit. Construction accidents are a common cause of job related wrongful death. A death that occurs during a supervised activity can also be considered wrongful death in some cases, for example a child who is killed while under the supervision of an adult or child care facility. This type of wrongful death can also be a death that occurs while participating in a supervised recreational activity. In all these cases, an attorney with experience in the practice of wrongful death law can explain who can be held accountable in order to best provide for the victims family.

Qualifications for Wrongful Death

In order for a death to be considered wrongful, it must be caused by another persons negligent actions. There must be a loss as the result of the death, such as financial or emotional support that will now be experienced by surviving family members. The individuals who are effected by the loss must qualify to have the right to sue under their states laws and statutes concerning wrongful death. If you are unsure if you have a valid wrongful death lawsuit, consult a wrongful death lawyer at the law offices of Mayer Gordon for a free consultation. One of their skilled wrongful death attorneys will be able to explain the intricacies of the wrongful death laws that pertain to Michigan.

Potential Compensation

Financial injury is the main consideration when determining the amount of a wrongful death award. These injuries are termed pecuniary injuries, and can include the loss of support, loss of income, loss of services , lost prospect of inheritance. The costs of funeral expenses and medical bills pertaining to the injury that caused the death may also be awarded if the persons bringing the lawsuit are responsible for these expenses. A damage award will also include interest from the date the death occurred, but the statutes determining whether this interest may be recovered vary from state to state. Your wrongful death lawyer will inform you in the interest is collectable in the state in which you are bringing your wrongful death lawsuit, and help to ensure that you and your family are awarded fair and just compensation for your pecuniary injuries, as demanded by law.

Determination of Amount of Pecuniary Loss

There are many considerations for determining the full amount of pecuniary loss suffered by survivors. The Decedent will be considered for their age, characteristics such as intelligence and health, life expectancy, and earning capacity for that span. The circumstances of the plaintiffs will also be considered. The plaintiffs circumstances must be measurably effected by the decedents death in order to be awarded pecuniary damages. For example, if a wage earning man with dependants dies, the largest effects to his children would be the loss of income and loss of parental guidance, both of which are considered pecuniary losses. When considering the amount that these pecuniary losses are worth, the jury will examine the decedents income at time of death, based on the last known earnings. Potential future earnings will also be considered. A skilled wrongful death litigator will help  to convince the jury to recognize the decedents full potential.

Adjustments in the Jury's Award

A Jury will determine the amount of the damages award after hearing the evidence of the case, but that amount is not always the final settlement. The judge may adjust the amount, either upward or downward, for a wide variety of reasons. The award might be lowered if the decedent did not routinely provide his or her entire income to the family or had poor earnings despite being young and having the potential to make much more. A plethora of other reasons might also be cited as cause to lower the award. A skilled wrongful death attorney will do everything in his or her power to make sure the award is as high as possible. The award might be raised for a variety of reasons, as well, which your wrongful death lawyer will argue to the court. For example, if the decedent was unemployed, the sum might be raised to reflect his or her last known earnings when they were employed, if that evidence is presented.

If the decedent made a considerable financial contribution to his or her family, that sum will generally be easily recovered, as long as the surviving family members are able to provide evidence of that income to the court. If no evidence of income is presented, the damage award may be set aside and a new trial ordered. It is very important, therefore, to provide your wrongful death Lawyer with as much information and evidence about the decedent as possible.

Expert Testimony

Recently, the laws have changed so that an expert witness may testify as to the value of a housewife’s contribution to the household. Expert economists have long been used to explain the decedents value to his or her family, and this expert aid is now permissible when the decedent was not employed outside of the home. This expert testimony can be very important if members of the jury are not familiar with the monetary value of a housewife’s contribution to the home. The financial impact of the loss of a housewife will involve increased expenditures to continue the services she provided to the family, as well as the loss of nurture, love, and guidance.

Punitive Damages

Punitive damages are awarded as a punishment in cases where malicious or severe wrongdoing has occurred. They are generally used to both punish the wrongdoer and deter others from behaving similarly. Punitive damages for wrongful death are not allowed in all states. Most states have laws that forbid the collection of punitive damages. Very few states have specific statutes that allow punitive damages, while another select few do not specifically disallow them. Collection might be possible in those states. Your wrongful death attorney will be able to explain the laws concerning punitive damages in your state.

Survival Actions for Personal Injury

In some states, a personal injury claim can be brought in conjunction with the wrongful death case. This type of case, which is termed a survival action since the personal injury claim survives the victim of the personal injury. If these types of claims are allowed, they will allow the decedents surviving family members to collect compensation for the pain and suffering he or she suffered before their death. To determine a fair amount of compensation for the suffering endured, the jury will consider how long the decedent suffered, the severity of their pain, their degree of consciousness, and their apprehension of impending death. Your wrongful death lawyer will advise you on whether to pursue a personal injury survival action.

Statute of Limitations

All personal injury claims are subject to the statute of limitations, which governs the amount of time the surviving family members have in which to file their claim. If the survivors do not file their claim within the timeframe determined by the statutes that govern their type of claim, the claim is considered waived and no damages may be collected, making it very important to consult a wrongful death attorney as soon as possible if you even suspect the loss of your loved one might be the result of negligence. The statutes determining the limitations pertaining to personal injury and wrongful death claims vary from state to state. Some states begin the time from the date of death. Other states determine it to fairly commence from the time the survivors discover, or should reasonably have discovered the cause of death was negligence. In many states, the period of limitations starts when a personal representative is appointed. Deaths that result from a disease caused by a toxic or hazardous substance may have other specific statutes. A wrongful death lawyer familiar with the statutes pertaining to wrongful death limitations in your state will be an invaluable asset when determining how and when to proceed with your claim.

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