Wrongful Death Defined

In the law, there’s a term called “wrongful death.”  This term deals chiefly with death brought on by a third party’s acts or negligence , which death is held by the law, to be “wrongful,” or in other words, was caused by the negligent actions  of  that third party. Usually this is a vehicular accident in which someone dies.

Valuing Life in Wrongful Death Cases

Many states have different rules for such legal actions. These statutes control who can file sure, who is covered by the law, the amounts that can be recovered , and a variety of other things, including how to value a life. A lawyer in Lake County Indiana, discussed an interesting issue 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 attorney said that in evaluating her life by an economist, he was surprised to learn that her work as a housewife actually was much greater than the valuation she had if she were employed in the workforce. The attorney said , “Her value as a mother and wife was twice the value as a working nurse!”

Virtually every state in the countrywill no doubt have differing waysto value life. Many states, for example, will value children differently than the life of an adult. Some states will reduce the value of  the life of a single adult with no children, as opposed to a father with small children , especially if parent was the sole support. The Indiana Wrongful Death Law (Statute) puts severe limits on recovery for a childless adult with no surviving parents.

The potential earnings capacity is a vital aspect of most 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, the decedent would have likely have been able to earn a certain level of income for their expected lifetime, had they survived. It stands to reason someone who has a demonstrated a substantial level of income is going to have a higher value ascribed to their life than an individual who proved that she or he only managed to make a minimal income in their lifetime. (It might be there was potential for a larger income, and this is a matter the lawyer must always be alert to and be prepared to demonstrate that potential to a jury.)

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

It’s a sad reality that all life is not valued the same. Some of our lives are are not as valued as other lives, because the law says so. There is no denying that fact. It’s the same for personal injury cases.For example, if you’ve been scarred in your face , the odds are that you are unlikely to get the same kind of settlement offer, or jury verdict, that a well known actor or model would get. They make their livelihood with their face. Their face are essential to their vocation. Therefore, the attorney would ask to demonstrate to the court that her client is disfigured, and to demonstrate that the disfigurement  will mean substantially lesser roles, or offers, and therefore, less income.

One thing that is vital. If you have someone close to you who was killed in an accident (even if it was deliberate), you must hire  a lawyer. you really need an attorney Do it quickly. Do not delay. Time is of the essence in these kinds of cases. Pictures need to be taken. Vital evidence has to be collected in order to prevent spoilage. Witnesses have to be interviewed and perhaps 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. In addition, if the defendant, the individual 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 called a “tort claim notice.” If you fail to file your case in the time limit set by your state, 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

Also, in most states, the attorney must open an estate for the decedent in a wrongful death case. So, move with haste because there are many things early on in the case that has to be done.

Payment of Money the Only Recourse in Wrongful Death Case

Wrongful death cases can be an extended, long-term process. It is an unfortunate reality that such cases sometimes take years.  In addition, the sad truth is that in the American legal system, the only compensation for the wrongful death of another person is money. Paying ten million dollars does not and cannot replace the loss of a loved one. Unfortunately, it is the only remedy we have. The fact of the matter is that those who commit wrongs, will almost never confess 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 attorneys who serve the Plaintiffs of this world. But for those attoneys, most Americans who have suffered tragic harm at the hands  of a third party’s reckless actions, would get away with it. There probably never going to be a time when the man or woman or company who wrongfull killed someone by their thoughtless actions will come forward and beg to pay a goodly sum of money for the horrifically wrong deed they did. That is why we need attorneys to put the feet of such perpetrators of terrible things to the fires of a jury. The American system of justice may not be a perfect one but it does operate, and it does provide a means for compensating, in a small way, the victims of wrongful acts done by third parties.