Wrongful Death Law
Understanding Wrongful Death Laws
Losing a loved one is always a painful experience. A preventable an unnecessary death is even more heartbreaking. If you have lost a loved one due to someone else’s negligence or wrongdoing, you may be entitled to compensation under
wrongful death
laws. While no amount of money can make up for your loss, it can be the means for you and your family to survive the loss financially.
A wrongful death lawsuit is not a murder trial. It is a civil case, not a criminal case, and the emphasis is placed on financial compensation for the loved ones of the victim, rather than punishment for the person responsible for the death. This can be hard to accept, but understanding the difference is the first step in understanding your case.
Although punitive damages may be awarded, the defendant does not face prison or jail time. However, there are advantages of a civil suit over a criminal case. It is easier to meet the standard of proof required to win your case, and in many cases it is your only opportunity to hold the defendant responsible in any way. Also, pursuing a wrongful death lawsuit does not rule out the possibility of a criminal trial, if a crime was committed.
Compensation
One important purpose of wrongful death law is to compensate loved ones for the financial loss and burden caused by the death. It is impossible to put a dollar amount on the value of a loved one, but in pursuing a wrongful death case you will be asked to do so in several ways. One important aspect is compensation for the contributions that your loved one would have made if he or she were still alive.
If the deceased was the breadwinner of the family, pursuing compensation can be critical to supporting yourself and your children in the years to come. In cases where he deceased bring any income into the home, other contributions such as childcare, protection, and guidance are still taken into consideration. Although each situation is different, in most cases surviving loved ones may recover:
• Medical bills
• Funeral and burial expenses
• Loss of the victims anticipated future earnings
• Loss of benefits if the victim provided medical, pension, dental, or other benefits
• Loss of services the victim provided, such as childcare, housekeeping, etc.
• Loss of companionship
• Mental anguish and suffering
• General damages
• Punitive damages
Time limits
Although it is difficult to think about legal matters during your time of grief legal time limits, called the statute of limitations, will apply to your case. You must take action before the time limit runs out or you will forever give up your right to pursue your case.
Chicago Wrongful Death Attorneys, Personal Injury Law – Power, Rogers & Smith
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David Ball on Damages: The Essential Update, A Plaintiff’s Attorney’s Guide for Personal Injury and Wrongful Death Cases $75.74 When David Ball on Damages was first published in 2001, it changed the way attorneys seek damages. The book provides step-by-step guidance for attorneys seeking money for their clients. Ball explains why jurors give, why they do not, and how to motivate them to do the former instead of the latter. He walks readers through voir dire, opening, testimony, and closing, providing practical, effective, … |
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The Death of Innocents: An Eyewitness Account of Wrongful Executions $3.00 Since the 1993 publication of her memoir Dead Man Walking and the 1995 film it inspired, Sister Helen Prejean has become a powerful and articulate presence in the fight against the death penalty in America. In The Death of Innocents, Prejean focuses her argument on the ways in which an unjust system may be killing innocent people. She tells the story of two inmates she came to know as a spiritual … |
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David Ball on Damages–The Essential Update: A Plantiff’s Attorney’s Guide for Personal Injury and Wrongful Death Cases (n/a) $65.00 This practical book provides step-by-step guidance for attorneys seeking money for their clients. Ball explains why jurors give, why they do not, and how to motivate them to do the former instead of the latter. He walks readers through voir dire, opening, testimony, and closing, providing practical, effective, and innovative methods for pursuing damages. Ball includes methods to contend with the w… |
