Information about wrongful death lawsuits, including a history or wrongful death law and how damages are calculated in wrongful death lawsuits.
An individual who has been injured in an automobile accident may be able to seek monetary compensation for injuries and damages. Cases are fact specific, typically with complex issues of proof and fault in dispute. Working with an experienced attorney will help you sort out your legal options.
Wrongful death actions can be very complicated, as the wrongful acts of several parties may have contributed to an individual’s death. Pre-trial, out of court settlements are common in wrongful death cases, because most defendants want to avoid the publicity of having caused a death. When such out-of-court settlements occur, a reduction of the wrongful death damages award issued by a judge or jury will also occur. Thus, if a plaintiff settles a claim against one defendant, the plaintiff’s recovery from any other defendant is thereby reduced. Additionally, the plaintiff’s release of one defendant frees that defendant from liability to contribute to any other defendant, and waives his/her claim for any contribution from co-defendants. In other words, the released defendant is out of the action, and the remaining defendant(s) will pay no more than their comparative share of the culpable conduct as found by the jury.
As a procedural matter, the court takes any evidence of…