Wrongful death....
Posted by
Lauren EllermanApril 17, 2008 11:13 AMTags:
None
What does that phrase, "wrongful death" mean? It is a legal term used to describe a type of negligence lawsuit, where someone cause the death of another. While it technically could be filed against someone who is charged with murder (think OJ simpson), it is typically a civil suit filed when criminal charges do not exist. Think car accident where someone dies; nursing home case where resident dies of malnutrition and family believes facility is cause of death; medical malpractice where surgeon does not recognize post surgical blood clot and plumonary embolism results..
Essentially you are saying "DOCTOR / CORPORATION / DRIVER - you had a duty to notice / provide care / drive safely, and you didn't, and your mistake caused the death of someone."
It may seem somewhat strange to file a civil lawsuit alleging wrongful death - after all, money won't bring back that loved one, will it? Most statutes however, are written to allow for damages for the survivor.
For example, 10 year old being raised by his single Mom, mom is killed in a car accident. Who is going to pay for her funeral? Who is going to care for the child? What if she had $40,000 worth of medical bills before she died - who pays for that? That is why states have wrongful death statutes - to help make the persons effected, financially whole. So no, I understand no amount of money will bring your loved one back, but maybe, just maybe, someone will think twice next time, or a nursing home will hire more staff, or a driver will try to be safe.