Families who have had members die due negligence or some sort of misconduct can sue following the criminal trial. A suit for wrongful death can only be filed by a representative of the deceased person's estate. Each state has a "wrongful death statute" that establishes the procedures for wrongful death actions. In California, only people directly related to the deceased can file a lawsuit, and if the suit is successful, the defendant has to pay the decedent's survivors expenses for the death. In order to have a successful lawsuit, there needs to be a death, caused by negligence or an intent to harm, family members who suffered from monetary injury, and a representative for the decedent's estate. The damages awarded to the decedent's survivors are decided based on pecuniary loss, or the relevance to the decedent's character, and adjustments in the jury's award, if the jury decides to change the award based on the family's livings. Legal action can be taken against wrongful deaths caused by company or entity, and can be filed with a personal legal attorney.
Works Cited:
http://injury.findlaw.com/torts-and-personal-injuries/wrongful-death-overview.html
http://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-california.html
No comments:
Post a Comment