Wrongful Death? Article - Legal Articles

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Wrongful Death?

According to wikipedia, wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not.

Author: Andrew Calcagno

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The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In Australia and the United Kingdom, it is 'on the balance of probabilities'. For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson cases). Wrongful death is also the only recourse available when a company, not an individual, causes the death of a person; for example, historically, families have tried (both successfully and unsuccessfully) to sue tobacco companies for wrongful deaths of their customers.

In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. Some jurisdictions have recognized a common law right of recovery for wrongful death, reasoning that "there is no present public policy against allowing recovery for wrongful death."Jurisdictions that recognize the common law right to recovery for wrongful death have used the right to fill in gaps in statutes or to apply common law principles to decisions. Many jurisdictions enacted statutes to create a right to such recovery.The issue of liability will be determined by the tort law of a given state.

Medical malpractice or medical negligence is when injury or death occurs as a direct result of the failure of a physician or other health care provider (hospital, nurse, obstetrician, nursing home, anesthesiologist, pharmacist) to properly treat a medical condition.

The injury or death caused by the negligence may be either a new condition or an aggravated injury to the patient.

If a loved one was the victim of medical malpractice such as failure to diagnose, or death due to substandard care, an attorney can provide the experience, strategy and commitment to help you seek justice.

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CALCAGNO & ASSOCIATES has been representing the seriously injured and disabled in New York, New Jersey and Pennsylvania for 20 years. CALCAGNO & ASSOCIATES has an excellent reputation among its clients, the judiciary and the legal community. We Fight For Your Rights!

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