Dinkes and Schwitzer have handled a lot of wrongful death cases over the years and they never get any easier. While other forms of litigation eventually develop a feeling of routine, wrongful death cases are always wrought with intense emotion. Considering the seriousness of such cases it’s important to have all the relevant information right from the beginning. Let’s have a word with Dinkes and Schwitzer about wrongful death.
What is the legal definition of wrongful death?
We define wrongful death as any incident where a person causes the death of another person, either by accident or willingly. That’s a pretty broad definition and of course there is a certain degree of overlap with crimes like murder and manslaughter. The difference is that wrongful death is a civil matter; it is pursued in civil court and victims receive a financial settlement.
In some cases the same criminal might once be charged with murder and later with wrongful death. This is because less evidence is required to convict a man of wrongful death due to the relative lenience of the sentence.
Who normally claims for wrongful death?
In most cases only very close relatives of the deceased, especially those that are financially dependent such as a spouse or children. In some cases more distant relatives can claim such as grandparents, but this is not the norm. Consult with Dinkes and Schwitzer and we’ll let you know if you have legitimate grounds to file a claim.
What kind of compensation is awarded in wrongful death cases?
Compensation is awarded for the loss income that the deceased would have earned for their dependents, as well as for the emotional suffering that the loss of a loved one involves. This kind of financial compensation is nowhere near sufficient to replace the loss of a loved one, but it does give victims a sense of satisfaction and peace to know that justice has been served.
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