Wrongful Death Lawsuits

A wrongful death lawsuit alleges that the deceased party was killed because of negligence or another liability on the part of the defendant. Surviving dependents of the deceased party claim eligibility for monetary damages as a result of the defendant’s action or lack of proper action.

Some parties are protected by law from a wrongful death charge. According to the family immunity doctrine, family members may not sue one another in a wrongful death lawsuit. Preservation of the family unit is key, as well as preventing the defrauding of insurance companies in a conspiracy between a parent and child.

In a wrongful death action, four general elements must be established. First of all, the death must have been caused, in whole or in part, by the defendant’s conduct. Next, the defendant was liable or negligent for the death. Surviving beneficiaries must be present and be able to claim monetary damages from the death. Damages that are recoverable in a wrong death lawsuit are immediate expenses (such as the funeral), loss of victim’s future wages until retirement, loss of the benefits, loss of inheritance, pain and suffering, and punitive damages. Punitive damages are not meant to reward the plaintiff but instead to punish the defendant. Therefore, it must be established that the defendant’s conduct was either intentional or malicious.

If you are concerned that a loved one perished because of negligence or liability, call a Rhinelander personal injury lawyer from Habush Habush & Rottier at 800-369-5990 today.