Wrongful death litigation

Download Wrongful death litigation

Post on 08-Dec-2014




2 download

Embed Size (px)


When a death is caused by someone else, it may give rise to a wrongful death lawsuit. The person bringing the lawsuit is usually the spouse, children, or parents of the deceased person. They are often called "distributees" in the case. www.pfbull.com


<ul><li> 1. When a death iscaused bysomeone else, itmay give rise to awrongful deathlawsuit. The personbringing the lawsuitis usually thespouse, children, orparents of thedeceased person.They are oftencalled"distributees" in thecase.</li></ul> <p> 2. Wrongful deathclaims usuallycome about as aresult ofautomobileaccidents,exposure to toxicchemicals,accidents atwork, defectiveproducts ormachinery, ormedicalmalpractice. 3. Wrongful death is atype of personalinjury claim. So, justlike other personalinjury claims, thelawsuit is filed againstthe people who arebelieved to beresponsible for theinjuries that led todeath. This might beanother driver, adoctor, amanufacturer, or anemployer who hasperhaps failed, 4. An experiencedpersonal injuryattorney isnecessary to assistwith a wrongfuldeath lawsuit so thatthe family canreceive justcompensation formedical expenses,funeral costs, andeven pain andsuffering. Thedeceased's heirsmay also claim theloss of an expectedinheritance. 5. In some cases, theresponsible personmay also becriminallyprosecuted for thewrongful death. Thisdepends upon manyfactors. In a criminalcase, however,family membershave no opportunityto receive amonetary settlement.This is why a wrongfuldeath lawsuit mustbe filed in civil court. 6. In the criminalcase, the state isactually the plaintiffwhich brings thelawsuit against theresponsible party.In the civil case,the familymembers are theplaintiffs, and theparty responsiblefor the wrongfuldeath is thedefendant 7. The lawyers beginthe process of awrongful deathlawsuit bynegotiating asettlement. If theyfail to come to anagreement, thecase may go tocourt for a judge orjury to decide theamount that thefamily will receive. 8. A judge or jury maydecide that thefamily is not entitledto as large asettlement if theresponsible partycould not haveanticipated whathappened. Theevidence could alsoshow that thedeceased wasnegligent in someway and contributedto the cause of theaccident. 9. If the family isseeking money forthe pain andsuffering of thedeceased in asurvival action, thejudge or jury maywant medicalprofessionals totestify as to theamount of pain theperson suffered priorto death, includinghow much theinjured person wasconscious of whatwas happening. 10. Punitive damages- money formaliciousmisconduct onthe part of theresponsible party- may beawarded tofamilies Boston inwrongful deathlawsuits. In NewJersey, however,like many otherstates, punitivedamages are notallowed. 11. Obviously,wrongfuldeath casescan be verycomplicated,so it's veryimportant forfamilymembers tohire anattorneyimmediately 12. For more information on lawyers contacthttp://pfbull.com </p>