Wrongful death is caused by one or more than one individuals beyond legal jurisdiction of respective state. It is the result of negligence act of another individual or individuals. Generally, the wrongful deaths are consequences of –
auto accident, construction accidents, use of defective products, medical malpractice etc. e.g. – a drunken person hit a motorcyclist while driving his car; subsequently, motorcyclist died, if an individual while his shooting practice kill someone and he dies etc. In these cases, the decedent’s heirs and other beneficiaries have the right to sue against the individual/individuals who is/are accountable for the decedent’s death.
The purpose of providing financial support to widows and orphans is to provide care and prevent any further injury and on the other hand, to punish the offenders not to repeat same act and to discourage other negligent persons to behave in the same manner. However, a wrongful death action is separate from criminal charges and this is the case of ‘
Tort Law’. Therefore, if a defendant acquitted from a murder charge may be litigated in a civil action by the close relatives of decedent for wrongful death.
These wrongful death statutes do not applicable to unborn fetus, because the fetus does not have legal identification until it is born. Nevertheless, if an infant once took birth alive and then dies due to an injury occurred prior to birth, the defendant may be liable for wrongful death.
Moreover, for the file a case of wrongful death against the defendant, it is necessary to prove the defendant’s proximate cause of the decedent’s injuries and subsequent death. Or in other words, defendant’s negligent act might engendered a natural and direct circumstances which led to the injury e.g. a drunken and negligent driver may be held responsible for injuries caused to an pedestrian while crossing the road in the night.
Wrongful death case could be also file against State or local government provided state has waived its sovereign immunity. A recent example of this case is – on the behalf of the late entertainer, “The King of Pop”, Michael Jackson, the estate of Michael Jackson filed a
wrongful death lawsuit worth of $ 3 billion against the City of Los Angeles (for wrongful death).
Once the wrongful death occurred, it is very necessary to consult a wrongful death attorney who can interpret the case with proper evidences and assist in providing adequate damages. The
wrongful death attorneys in California are very expert in their field and they are quite helpful. There are following damages for which the family member can legally ask:
• Medical, hospital, funeral, and burial expenses
• Following losses suffered by the decedent’s spouse, children, or close relatives:
- Loss of job
- Loss of economic support
- Loss of parental guidance
However, for the determination of the amount of damages in a wrongful death, following variables need to be taken consideration:
- The salary of the decedent that he/she could have earned in rest of his/her job period with taking consideration of variables like inflation etc.
- Nature of his/her job
- The physical and mental conditions of decedent etc.
In some cases, punitive damages may also be awarded for the act of wrongful death, provided the defendant’s act is distinctively
reckless or heinous.
Disclaimer: The information provided on is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The article can not be used for any kind of legal action against any one and by any one.
