Wrongful Death


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Wrongful Death

A claim that a person or organization is directly responsible for the death of a person. A wrongful death claim is brought in a lawsuit in a few common law jurisdictions, notably the United States, the United Kingdom and Australia. Wrongful death lawsuits are brought by relatives of the deceased. Some analysts believe these lawsuits are an easier way to punish suspected murderers because only a "preponderance of evidence" or a "balance of probabilities" (as opposed to "proof beyond a reasonable doubt") is required for a judgment. One prominent example of this occurred in the 1990s when former football player O.J. Simpson was found not guilty of murder but judged liable for wrongful death.
References in periodicals archive ?
Part III examines the wrongful death and survivorship claims as well as the past precedent of such claims in the context of medical malpractice and improper diagnoses.
The Widow Wave is a detailed look into the complexities of a wrongful death case and how reputations are put at stake in a high-profile wrongful death legal battle.
The rule that wrongful death was absent at common law is believed to have its origins in 1808.
Whether wrongful death claims are barred by a policy exclusion for liability for bodily injuries sustained by an insured appears to be an issue of first impression in New York.
On Monday, the guardian of a young girl whose father died in the accident filed a wrongful death lawsuit against railroad operator Montreal Maine and Atlantic Railway Inc.
Wrongful death incidences are extremely complicated and quite sensitive.
In 1920, state wrongful death laws generally provided only economic damages, like DOHSA.
In a letter to Dean Patrick's mother Anita Kenny and father Barry Higgins the HSE said it wished "to apologise unreservedly for the wrongful death of their son while in our care".
Congress did not explicitly define, nor is it apparent from the face of the TVPA, how a court should properly ascertain who is a 'claimant in an action for wrongful death.
Tran was a seafarer, therefore Louisiana's wrongful death statute, which provides for recovery of non-pecuniary damages, was inapplicable.
AS AN EVER INCREASING NUMBER OF LAWSUITS ARE FOR WRONGFUL DEATH AND/OR FOR INJURIES TO A DECEDENT, DEFENSE COUNSEL ARE SEEKING ALL MEANS TO HAVE SUCH CASES DISMISSED.