Wrongful Death Defined

There is a term in the law called “wrongful death.”  This phrase deals in the main with death brought on by a third party’s acts or negligence , which death is determined by the law, to be “wrongful,” or in other words, was caused by the bad actions of  that third party. Usually this is a auto accident in which someone dies. Sometimes, it may apply where there has been negligence by a medical provider, such as a doctor or hospital, or other entity.

Valuing Life in Wrongful Death Cases

Many states have different rules for such legal actions. wrongful death cases. These statutes dictate who can sue, who is covered by the law, the amounts recoverable, and a host of other things, including how to value a life. A lawyer in Lake County Indiana, discussed an interesting issue that arose when valuing the life of a wife and mother who was tragically killed in an automobile accident, in a piece dealing with an Indiana wrongful death case. The lawyer said that in evaluating this woman’s life by an economist, he was surprised to learn that her work as a housewife, in fact was much greater than the valuation she had if she’d been employed in her profession as a nurse. He writes, “Her value as a mother and wife was twice the value as a working nurse!” 

Virtually every state in the countrywill have differing waysto value life. Some, for example, will value the life of a child differently than the life of an adult. Some will devalue the life of a single adult with no children, as opposed to a mother with a small child , especially if parent was the sole support. The Indiana Wrongful Death Law (Statute) puts severe limits on recovery for a childless adult with no surviving parents.

Earning capacity is a vital aspect of virtually all wrongful death cases. At trial, the attorney for the Plaintiff (usually, a family member who is seeking compensation for the wrongful death of that loved one) will display to a jury that if the deceased had lived, the person who was killed wrongly would have likely have had a projected income for their projected lifetime, had they survived. Naturally, someone who has a demonstrated a substantial level of income is going to have a higher value ascribed to their life than a person who showed a minimal income in their lifetime. (It might be there was potential for a larger income, and this is something the lawyer must always be aware of and be prepared to prove it to a jury.)

Not all life is valued the same in a Wrongful Death case

The fact is that all life is not valued the same. Life, for some, are worth less than others, because the laws says so.There is no denying that fact. It’s the same for personal injury cases.For example, if you’ve been scarred in your face , the odds are that you are unlikely to get the same kind of settlement offer, or jury verdict, that a well known actress or model would get. They make their livelihood with their face. Their face are important to their career. Hence, the attorney would attempt to demonstrate to the court that her client is disfigured, and to show that it will mean significantly smaller roles, or offers, and thus, less revenue.

Here is something that is vital. If you have a family member who was killed in an accident (even if it was deliberate), you absolutely need to hire an attorney you really need a lawyer. Do it quickly. Do not delay. Time is of the essence in these kinds of cases. Photographs need to be taken. Vital evidence has to be collected in order to prevent spoilage. Witnesses need to be interviewed and sometimes deposed. Insurance also becomes an important issue in these cases.

There exists  a statute of limitations in every state, so if you do not file your case within a certain period of time, you are prevented from filing a lawsuit , forever. Additionally, if the defendant, the entity who caused the wrongful death or personal injury, worked for a governmental entity, and the defendant is therefore the state, or a county, or other such governmental entity, then there might be in your state a lawoften known as a “tort claim notice.” If youmiss the deadline to file your case in the statutory time period , you are prohibited from suing that governmental entity. Some states have a very short time in which to file that notice.

Estate may have to be opened in a Wrongful Death case

Realize too, that in most states, the attorney must open an estate for the decedent in a wrongful death case. So, move with haste because a lot of early work must be done. The wrongful death of someone means there is a claim that can be made at law. wrongful death claim will   require money be paid to the estate of the decedent. Virtually all  states have a legal process to channel the judgment or settlement monies gotten from the wrongful death lawsuit  to the proper heirs, and usually, this involves the probate process.

Payment of Money the Only Recourse in Wrongful Death Case

Wrongful death litigation can be drawn out for an extended period of time. Truth is, these cases can take years.  It is another unfortunate reality that in the American legal system, the only recovery for the wrongful death of another person is money. Paying bundles of money does not and cannot replace the loss of a loved one. But, it is the only remedy we have. The fact is that those who commit wrongs, will almost never confess to their wrong, and even if they do , they almost never want to pay any serious sums of money for the wrong they’ve done.

Be thankful for Plaintiffs’ attorneys. But for this group of lawyers , most Americans who have suffered grievous losses at the hands  of a third party’s foolish and negligent acts, would get away with it. There probably never going to be a time when the man or woman or company who negligently killed someone by their heedless actions will come forward and beg to pay a large sum for the horrifically wrong deed they did. That’s why we need attorneys to put the feet of such perpetrators of terrible things to the fires of a jury. The U.S. system of justice may not be a perfect one but it does function pretty good and it does provide a means for compensating, in a small way, the victims of wrongful acts done by third parties.