West Palm Beach Wrongful Death Attorneys

Wrongful death is the legal term used to describe the death of one person due to the action or inaction of another, "intention" or "negligence," respectively. Of course, such circumstances are also referred to as "murder," "manslaughter," etc. in the criminal justice syster; wrongful death is a civil action which may be filed instead of or in addition to criminal charges. While a states attorney files criminal charges in such circumstances, civil lawsuits always involve private entities. Because the person killed (decedent) cannot file suit or collect damages, a representative (most often family members) files and executes a wrongful death suit.

Assigning responsibility for a person's death is a serious business. It must be proved that the death would not have occurred without the defendant's action or inaction. The amount of time passing between this action or inaction and the subsequent death is not necessarily a factor, as long as causality can be proven (for example, consider asbestos lawsuits, often addressing exposure decades previous).

Responsibility for death can be assigned partially, called comparative or contributory negligence. Statues on these laws vary by state and may result in responsibility being assigned proportionally, often with at least some of the blame falling on the decedent him/herself (if, for example, the decedent acted carelessly, or perhaps refused medical attention, contributing to the severity of injuries). In contributory and comparative cases, damages may be awarded along the ratios used to assign responsibility.

While different states use different methods to determine who may file a wrongful death suit and who may recover damages, generally, three criteria must be met, with the burden of proof on the plaintiff. The plaintiff must show that the death was caused by another's wrongful act; that the act was such that the decedent would have been due damages from the act; and that monetary damages did arise from the act. If these three criteria are met, it is possible that a wrongful death claim can be filed.

In wrongful death suits brought by family members and loved ones, damages are assessed to compensate those close to the decedent who have suffered due to the death. Damages may be calculated in many ways, and the various types of damages are not mutually exclusive.

The most obvious (financial) loss in a case of wrongful death is the actual expense occasioned by medical and death expenses. These are relatively easy to determine.

The loss of the future earnings and beneits of the decedent are a less obvious but equally important type of damage to consider, as is the loss of the companionship of the decedent to loved ones. These future, personal, and emotional damages are more difficult to calculate, and involve anticipating the lifespan and earnings of the decedent, as well as the relationship to remaining family members.

Loss of companionship is entirely subjective, and does not translate well into empirical measurement. However, as it is a measure of the emotional pain and suffering experienced by survivors, it is one of the most important factors to consider in wrongful death cases.

Punitive damages are the final type of damage to consider. Rather than compensation for the death, these damages are intended to inflict punishment on the person who caused the death and act as a deterrent to similar behavior (by the defendant or others) in the future. Punitive damages are typically less common, and usually awarded only in cases of relatively extreme intentional or grossly negligent behavior.

If you or a loved one is in need of legal assistance, call The Law Offices of Casey D. Shomo at (561-659-6366) or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.