Coping with the loss of a loved one can be one of the hardest things a person experiences. The grief may be magnified if it was the result of another party's negligence. In the event of wrongful deaths, the family must not only cope with the grief and despair associated with loss, but also adjust to dramatic lifestyle changes.
When a person dies in an accident and another party is at fault, it is only fair for the family of the deceased to receive recompense. The deceased children, spouse, or parents can file suit for compensation; however, if there is no family who wishes to file suit, a person's estate may.
What Constitutes Wrongful Death?
Wrongful death falls under Tort Law, and it is a type of claim that attempts to hold another party responsible for a …show more content…
Potentially dangerous products, such as trampolines and exercise equipment, can be especially dangerous for consumers if defective.
Another example would be if a child was killed by an accident that occurred while they were in the care of another person. If the person was responsible for administering a certain level of care, but failed to do so, they may be guilty of negligence; and thereby liable for the death of the child.
Forms of Damages
In the event of a wrongful death, damages may come in a number of forms depending on the circumstances surrounding the case. Possible forms of damages include:
o Pecuniary-This is related to financial loss, such as the deceased's income, insurance policy, pension, potential inheritance, and other finances that would have been shared with their beneficiaries
o Compensatory-This type of damage is intended to compensate the deceased's loved ones for their emotional distress and loss of companionship or support
o Punitive-This type of damages is directed at punishing the responsible party for their gross recklessness or
When a person dies in an accident and another party is at fault, it is only fair for the family of the deceased to receive recompense. The deceased children, spouse, or parents can file suit for compensation; however, if there is no family who wishes to file suit, a person's estate may.
What Constitutes Wrongful Death?
Wrongful death falls under Tort Law, and it is a type of claim that attempts to hold another party responsible for a …show more content…
Potentially dangerous products, such as trampolines and exercise equipment, can be especially dangerous for consumers if defective.
Another example would be if a child was killed by an accident that occurred while they were in the care of another person. If the person was responsible for administering a certain level of care, but failed to do so, they may be guilty of negligence; and thereby liable for the death of the child.
Forms of Damages
In the event of a wrongful death, damages may come in a number of forms depending on the circumstances surrounding the case. Possible forms of damages include:
o Pecuniary-This is related to financial loss, such as the deceased's income, insurance policy, pension, potential inheritance, and other finances that would have been shared with their beneficiaries
o Compensatory-This type of damage is intended to compensate the deceased's loved ones for their emotional distress and loss of companionship or support
o Punitive-This type of damages is directed at punishing the responsible party for their gross recklessness or