Wrongful Death Damages are awarded to those harmed by a death someone is legally responsible for. Economic and non-economic damages are awarded, and the loser pays legal fees. Punitive damages may also be awarded. The amount of damages is determined by examining the facts of the situation.
Wrongful Death Damages are funds awarded to people who have been harmed by a death for which someone is legally responsible. If someone can be held legally responsible for a death, such as when a drunk driver hits and kills a pedestrian, that person can potentially be sued in civil court by survivors of the deceased. If successful, the plaintiffs will receive damages from the jury for wrongful death.
There are a number of types of death where there is no legal responsibility. If a person dies naturally or in what is demonstrably an accident for which no one can be held guilty, the fatality would not be considered a wrongful death. Wrongful deaths are deaths that could have been avoided if someone had taken action, and that failure to act results in legal liability. Some examples include cases where people die as a result of a defective product, an improperly performed medical procedure, or a negligent act on the part of another person.
There are different types of wrongful death damages that can be awarded. The first is economic damages to compensate people for economic losses associated with death, including lost wages and funeral expenses. Survivors must prove the amount of loss suffered as a result of the death so that the jury can determine an appropriate amount to award. Non-economic wrongful death damages are related to the psychological costs of death, such as loss of companionship or pain and suffering for the people who were present at the time of death.
Winners of a wrongful death lawsuit may also receive interest and fees related to the lawsuit. The loser is required to pay the winning party’s legal fees, including expenses associated with filing documents in the case and attorney’s fees. Finally, damages for wrongful death can also be punitive in nature. For example, a jury may rule that a company knew a product was defective and continued to manufacture and advertise it, and decide that the company should be punished for this as well as be required to pay damages to survivors of people who died .
Determining the amount of damages for wrongful death involves examining the facts of the situation and the economic losses associated with it. Juries cannot award an amount deemed unreasonable, but there is considerable leeway. People who can sue for damages include family members, as well as people who have suffered economic losses as a result of the death, such as romantic partners in common law marriages.
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