Wrongful Death

Written by Michael O'Brien
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Wrongful death laws have come a long way since the 1800s. In former times, there was, by law, no action that was considered to cause illegal death. You could sue someone for damages or injury, but not death. This of course presents people with dubious options. For example, if someone wronged another, causing substantial injury, it was more advantageous to just kill that person since they couldn't be sued over that.


Wrongful Death Claims

Around 1850 this law was rectified. Since then, statutes have been put into place and a plaintiff can sue over wrongful death. While this is certainly an unpleasant encounter, it is much more judicious than the former ways. People are no longer inadvertently encouraged to snuff the lives of those they have accidentally injured.

Illegal death lawsuits may be sought if a loved one was killed due to the negligence of a third party. Financial and emotional aspects of loss are considered and factored into the settlement sum. Financial issues include the cost of burial services and economic contributions the lost loved one would have made. For example, a father's lost income would be factored into the settlement.


Non-Economic Factors

Non-economic damages in a wrongful death suit include things like the loss of companionship, comfort, and other emotional needs that a monetary price can't really rectify. The court system, however, is unable to grant an "eye for an eye" reciprocation in these cases and a monetary value is placed on non-economic need. The theory is that money can't buy love, but it can help ease the pain of loss of love.



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