Personal injury attorney > Miami >
accident attorney & Slip & Fall &
Wrongful death & defective products

Are there any unique issues that arise concerning a claim for Wrongful Death?

Yes, there are many unique issues to confront in a claim for a Wrongful Death.

1. First, it is obviously necessary to prove that the death was caused by the misconduct of another person or company. This can be complicated at times when other potential causes are present. An example would be the seriously ill person who is given improper medication in the hospital. In that circumstance, the defense often argues that the death was really just the natural progression of the underlying disease or condition.
2. Second, it is always necessary to prove the life expectancy of the deceased in order to determine what the future losses would be. This is not a major problem when the deceased was in perfect health at the time of the misconduct. But, it becomes complicated when the deceased had a life-threatening or life-shortening disease or condition.
3. Third, it is likewise necessary to prove the life expectancy of each survivor or beneficiary. After all, the future relationship would only have existed during the period of the predicted joint life expectancy of the deceased and the survivor.
4. Fourth, the nature of the relationship between the deceased and the survivor, in all of its relevant aspects, must be fully developed and presented. Sometimes the relationship is almost storybook perfect and sometimes it is quite different. In either event, it needs to be understood and documented in order to support the individual claim of the survivor.
5. Fifth, much of the true loss in a wrongful death claim is non-economic or emotional in nature. This requires special skills and care in the development of the proof and in its presentation. It is a matter quite different from just permitting an injured person to describe his or her back pain.
6. Sixth, it is mandatory that each of the survivor's claims be developed and presented fairly without favoring or appearing to favor one survivor over another. This is especially true in those situations where, for example, the widow is the Personal Representative of the Estate of the deceased with the responsibility to present a claim on her own behalf and another claim on behalf of a stepchild. There are many other situations that require a special effort be made to assure a fair process at every step of the claim for each survivor.
   
   

These are some of the unique issues that an experienced attorney will understand and confront in making a claim for a wrongful death. These examples demonstrate why the emphasis should be on selecting a well-qualified attorney with significant experience in wrongful death claims, negotiation, and litigation.