| Wrongful Death
Wrongful death is the term used when someone causes the death
of another person. The death may be caused by the actions of someone
or by their failure to act (neglect). Wrongful death is a civil
action rather than a criminal action. Since the person killed (decedent)
cannot file suit or collect damages, it is the family or representatives
of the estate that do so. The intent is to recompense family members
who have suffered monetarily and emotionally from the death. Damages
can be assessed for lost wages and benefits, loss of companionship,
and emotional pain and suffering caused by the trauma.
A defendant can only be held responsible for a wrongful death
if it can be proved that the defendant's conduct was the cause of
the death. It must be proved that the death would not have occurred
without the defendant's act. The time between the defendant's action
and the death of the decedent is not a factor as long as it can
be proved that the defendant's action was the cause of death.
If it can be shown that the decedent was partially responsible
for his death, then he may be found to have comparative or contributory
negligence and dependent upon the state in which the incident occurred,
damages may be awarded based on the percentage of negligence imputed
to the decedent. Also, if the decedent failed to seek appropriate
medical care and that failure led to his death, there may be no
grounds for a wrongful death claim or a reduction to an award.
Different states have different methods for deciding who may file
a wrongful death suit and who may recover damages. Generally, it
must be shown that the death was caused by another's wrongful act;
that the act was such that the decedent would have been due damages
from the act; and that monetary damages did arise from the act.
If these three criteria are met, it is possible that a wrongful
death claim can be filed.
In a case of wrongful death, damages are assessed to compensate
family members for their loss. There are many ways in which damages
can be calculated. Since damages can be awarded in a number of areas,
it is important to examine each one carefully.
The most obvious loss in a case of wrongful death is the actual
expense occasioned by medical and death expenses. These are usually
easy to determine.
Less obvious but equally important is the loss of future earnings
and benefits, as well as the loss of companionship. These damages
are more difficult to calculate and include anticipating the lifespan
and earnings of the decedent, as well as the relationship to remaining
family members.
Loss of companionship is very difficult to calculate since it is
totally subjective and does not lend itself to empirical measurements.
It is a measure of the emotional pain and suffering experienced
by the survivors.
A final area of damages is punitive damages. This is an amount
awarded to punish the person who caused the death, rather than to
compensate for a specific loss. It can typically only be awarded
when the action of the defendant was intentional or grossly negligent.
If you or a loved one is in need of legal assistance, call Boller
& Vaughan S.C. at (608) 268-0268 or submit
an online questionnaire. The initial consultation is free of
charge, and if we agree to handle your case, we will work on a contingency
fee basis, which means we get paid for our services only if there
is a monetary recovery of funds. In many cases, a lawsuit must be
filed before an applicable expiration date, known as a statute of
limitations. Please call right away to ensure that you do not waive
your right to possible compensation.
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