 Wrongful Death Lawsuits From Personal
Injuries
Author: Paul Hood
A wrongful death lawsuit alleges that the decedent was killed as
a result of the negligence (or other liability) on the part of the
defendant's), and that the surviving dependents or beneficiaries
are entitled to monetary damages as a result of the defendant's
conduct. Different states have their individual statutes that tackle
the issues with regards to wrongful death. Moreover, many states
do not follow the same guidelines when it comes to wrongful death
cases.
As mentioned above, there is a variation in the laws enacted by
each state pertaining to wrongful death. Two types of lawsuit are
being adopted in hearing cases namely the “true” and the
“survival acts.” Legalwolf.com offers this in-depth explanation
of the two. Some states have "true" wrongful death acts
in which the next of kin are entitled to bring a cause of action
in their own names as a result of damages sustained following the
decedent's death. Other states have acts that are more properly
called "survival acts," which preserve the rights that
vested in the decedent at the moment of death, expand those rights
to include the right of the survivors to bring a claim based on
the decedent's rights, and include claims for damages resulting
from the actual death itself. Finally, some states recognize both
types of lawsuits, but generally have a provision that limits the
right of the survivors in order to prevent a double recovery under
the two different theories. Other states have acts that are more
properly called "survival acts," which preserve the rights
that vested in the decedent at the moment of death, expand those
rights to include the right of the survivors to bring a claim based
on the decedent's rights, and include claims for damages resulting
from the actual death itself. Finally, some states recognize both
types of lawsuits, but generally have a provision that limits the
right of the survivors in order to prevent a double recovery under
the two different theories.
When a defendant is found legally liable for the death of another,
the types of damages that may be recovered can also vary greatly.
For example, the plaintiffs may be able to recover the costs of
the deceased's medical care and treatment related to the negligent
conduct, the funeral expenses incurred for the deceased's burial,
the loss of future earnings of the deceased, the value of the loss
of the deceased's benefits (such as pension benefits or medical
and health insurance coverage), the value of the loss of consortium,
and general damages. Additionally, in a few states, the plaintiffs
may be able to recover damages for pain and suffering or mental
anguish that they experienced as a result of the death, as well
as punitive damages.
About the Author
Reading is an essential part of his life and this has lent a considerable
influence in his writing. He loves learning more about people and
their ways. Always ready for new opportunities to learn and have
a great deal of interest in different fields of expertise.
|
|
Home
Home
