When Should I Hire a Wrongful Death Attorney?

Not too long ago, when a person's actions caused another's death either through murder or something like negligence, the claims for damages died with the person. To combat this problem, the courts began allowing the tort of wrongful death.

Wrongful death is an action brought by a victim's family or estate against the person that caused his or her death. It is an action designed to compensate the family of the victim for the lost wages, companionship, and other losses that are brought via the person's death.

Part of the motivation for a wrongful death claim was that the old way of doing things, where there was no claim if the person died, left a guilty party free of punishment of some sort if the person died. This was seen as not being the best situation because, it was the thought, that this could be seen as encouraging death. As long as the injured party died, a person could get away with anything.

In the 20th century, the laws were changed. Now, the estate of a person can bring charges against the person responsible for the death of their loved one, even if the person is not convicted of murder. A person can be tried in a criminal court and then in a civil court for wrongful death. There is no problem with double jeopardy because the lawsuits are different. Also, one trial is for a criminal action and the other is a civil action. As such, there is no double jeopardy conflict. At the same time, a person who is not found to be liable in a wrongful death action can't be repeatedly charged with this tort. The same applies for a person acquitted of murder.

In order for a person to be found guilty of a wrongful death action, that person must have committed some sort of negligence or done something else to cause the death of the individual. The damages awarded can be punitive or compensatory and are designed to allow the family to continue life, as much as possible, without their loved one. Obviously, no damages can bring a parent or sibling or child back but the damages awarded are meant to ensure that the family does not feel as much of an economic loss.

For more information on wrongful death and a variety of other tort claims, please visit http://www.hankeylawoffice.com.

Joseph Devine

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