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Personal Injuries Resulting in Wrongful Death Cases
by:
Paul Hood
A wrongful
death lawsuit alleges that the decedent was killed as a result of the
negligence (or other liability) on the part of the defendant's), and that
the surviving dependents or beneficiaries are entitled to monetary damages
as a result of the defendant's conduct. Different states have their
individual statutes that tackle the issues with regards to wrongful death.
Moreover, many states do not follow the same guidelines when it comes to
wrongful death cases.
As
mentioned above, there is a variation in the laws enacted by each state
pertaining to wrongful death. Two types of lawsuit are being adopted in
hearing cases namely the “true” and the “survival acts.” Legalwolf.com
offers this in-depth explanation of the two. Some states have "true"
wrongful death acts in which the next of kin are entitled to bring a cause
of action in their own names as a result of damages sustained following
the decedent's death. Other states have acts that are more properly called
"survival acts," which preserve the rights that vested in the decedent at
the moment of death, expand those rights to include the right of the
survivors to bring a claim based on the decedent's rights, and include
claims for damages resulting from the actual death itself. Finally, some
states recognize both types of lawsuits, but generally have a provision
that limits the right of the survivors in order to prevent a double
recovery under the two different theories. Other states have acts that are
more properly called "survival acts," which preserve the rights that
vested in the decedent at the moment of death, expand those rights to
include the right of the survivors to bring a claim based on the
decedent's rights, and include claims for damages resulting from the
actual death itself. Finally, some states recognize both types of
lawsuits, but generally have a provision that limits the right of the
survivors in order to prevent a double recovery under the two different
theories.
When a
defendant is found legally liable for the death of another, the types of
damages that may be recovered can also vary greatly. For example, the
plaintiffs may be able to recover the costs of the deceased's medical care
and treatment related to the negligent conduct, the funeral expenses
incurred for the deceased's burial, the loss of future earnings of the
deceased, the value of the loss of the deceased's benefits (such as
pension benefits or medical and health insurance coverage), the value of
the loss of consortium, and general damages. Additionally, in a few
states, the plaintiffs may be able to recover damages for pain and
suffering or mental anguish that they experienced as a result of the
death, as well as punitive damages.
by-http://www.personalinjurylawyersinc.com |
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