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 ?
Standing by her version of events, Pappas said she has filed a wrongful death claim against the county, accusing it of failing to properly maintain the road by allowing gravel to build up on the curve.
Focus: Jury Instructions Wrongful Death Claim Hasib Karahodzic, a commercial truck driver for E.
The evidence presented at trial showed that, although both sides engaged in tough litigation tactics, the element of causation on Calandros wrongful death claim was never reasonably clear, the judge wrote.
Thomas' brother, meanwhile, will be paid a $57,232 fee for serving as his sibling's estate administrator and for pursuing the wrongful death claim.
Ferrara, when applying the statutory damage cap to medical malpractice resulting in death, the Supreme Court of Missouri determined the cap was constitutional because "Missouri does not recognize a common law wrongful death claim.
Gurley's family had filed a wrongful death claim over his killing in a Brooklyn public housing project by the officer on patrol.
Separately, Health Minister Wael Abu Faour referred a complaint against a private hospital to the Beirut Order of Physicians following a wrongful death claim.
1) Part III will summarize the popular history of the wrongful death cause of action, showing that the dichotomous lines of cases both upholding and denying the common law existence of a wrongful death claim indicate that such suits are indeed "hard cases" in the Dworkinian sense of the phrase.
165) The defendant countered that the wrongful death claim should have been thrown out, as the failure to diagnose the cancer was not the proximate cause of the patient's death.
Stated differently, plaintiff's argument is that the exclusion applies only to injuries directly suffered by an insured, and that it does not preclude coverage for a wrongful death claim, which he asserts constitutes an independent injury directly sustained by a decedent's distributees.
Consider the wrongful death claim that arose one summer night about 10 years ago.
Gruszecki, and granted Plantation's motion for summary judgment as to the wrongful death claim only.