Wrongful Death Defined

In the law, there’s a term called “wrongful death.”  This phrase deals chiefly with death caused by the actions of a third party, 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 car accident in which someone dies.

Valuing Life in Wrongful Death Cases

Many states have different rules for such legal actions. These statutes govern 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 aspect in valuing the life of a housewife 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 role as a housewife in truth was greater than the valuation she had if she were employed in the workforce. He writes , “Her value as a mother and wife was twice the value as a working nurse!”

Every statewill no doubt have differing waysto value life. Some states for example, will value children differently than the life of an adult. Some will reduce the value of  the life of a single adult with no children, as opposed to a mother with a small child , especially if father or mother was the sole support.

Earning capacity is an important element of virtually all wrongful death cases. At trial, the attorney for the Plaintiff (often, a family member who is seeking compensation for the wrongful death of that loved one) will prove to a jury that if the deceased had lived, he or she would have likely have been able to earn a certain level of income for their expected lifetime, had they survived. Therefore, someone who has a demonstrated high income is going to have a higher value ascribed to their life than an individual who demonstrated that he or she only had a minimal income in their lifetime. (It could be there was potential for a greater income, and this is something the lawyer has to always be alert to and be prepared to show it to a jury.)

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

The truth is that all life is not valued the same. Some of us in life are not valued like others, because that’s what the law says.That is a fact we can’t get around, even if it sounds crude and is not socially correct. It’s the law. It’s the same for personal injury cases. If, for example, you’ve received hideous scars to your face , the odds are that you will not get the same kind of settlement offer, or jury verdict, that a famous actor or model would receive. They make a living with their face. Their face are important to their career. Hence, the lawyer would attempt to demonstrate to the court that her client is disfigured, and to show that the scarring will mean substantially lesser roles, or offers, and thus, less revenue.

Here is something that is vital. If you have a loved one who was killed in an accident (even if it was deliberate), you must hire  a lawyer. you really need a lawyer. Do it quickly. Do not delay. Time is very important in these kinds of cases. Photos need to be taken. Vital evidence has to be collected in order to prevent spoilage. Witnesses have 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 fail to file a lawsuit within a certain period of time, you are precluded from filing an action, forever. Also, if the defendant, the person 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 probably is, in your state a statute often known as a “tort claim notice.” If youmiss the deadline to file your case in time, 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.

Payment of Money the Only Recourse in Wrongful Death Case

Wrongful death cases can be a long endeavor. It is an unfortunate reality that such cases sometimes take years.  In addition, the sad truth is that in the American legal system, our only real means of compensation for the wrongful death of another person is money. Paying huge sums of money does not and cannot replace the loss of a loved one. But,  it’s the only remedy we have. The fact of the matter is that those who commit wrongs, seldom wish to admit to their wrong, and even when they do , they never volunteer to pay any serious sums of money for the wrong they’ve done.

Be thankful for those lawyers who serve the Plaintiffs of this world. But for them, most Americans who have suffered tragic losses at the hands  of a third party’s negligent acts, would get away with it. There will never come a time when the man or woman or company who recklessly killed someone by their heedless actions will come forward and beg to pay a goodly sum of money for thefatal act they did. That’s why we have got to have lawyers 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 perfect, 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.