The death of a person due to the negligence/misconduct of another is wrongful death. This area of the law is particularly complex and you should seek the advice of a qualified attorney.
There's no really easy way to define a wrongful death other than it is the death of one person due to the negligence, the misconduct of another or the intention to cause harm. The definition isn't limited to just death caused by another person, it also covers death caused by a company (while working) or an entity.
In order to bring an action in this area of the law, it can only be brought by the personal representatives of the deceased. Every state has its own unique wrongful death statute, which is why it is best to consult with a qualified attorney to determine if there is cause to proceed in your particular state.
Wrongful death suits can arise in a number of areas ranging from medical malpractice to criminal behavior and from a vehicular accident to death on the job. Damages awarded in cases such as this are most often of a financial nature because of the quality of the loss. E.g. loss of services, support, inheritance and may also include medical and funeral expenses.
To explain this another way, if the person who died had children what can be recovered are lost wages and loss of parental guidance. The person's wages at the time of death, or last known earnings and possible future earnings make up the damage recovery formula. Keep in mind the damage recovery formula is extremely complex, and many factors will vary the final award. This is why it is critical to talk to an attorney about your case.
Of interest, if the death of a homemaker is due to negligence or misconduct of another, courts will now allow experts to testify as to the economic impact of her loss. In jury awards in some states, the other factor taken into consideration for awarding damages is whether or not the wrongdoing was extremely serious or malicious. These damages are called punitive damages to ensure others don't act in a similar manner. An attorney will tell you if your state allows punitive damages.
Article Source: http://www.orbitaloc.com/
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit www.sharpfirm.com.
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Article Title: Wrongful Death Suits Need Expert Legal Representation
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