Wrongful Death Laws – The Firm To Call When Your Future Is At Stake
Wrongful Death Laws – The Firm To Call When Your Future Is At Stake
Home / Resources For Families / Commonly Used Terms Specific To Wrongful Death
When one human being ignores the responsibility to protect the life of another, either by misconduct or negligence, the unfortunate event of wrongful death can occur. Not only does it cause emotional heartache for the victim’s family, a wrongful death can leave them in a state of financial duress. The victim’s loved ones are entitled to compensation for their loss, however, it is important that they hire an experienced wrongful death attorney as soon as possible to sort out the legal details.
The following are legal terms specific to wrongful death:
Absolute Liability – Standard of tort liability (intentional acts and accidents) arising from inherently dangerous activity.
Allegation – The claim of a fact by a party in a pleading for which the party claims to be able to prove. An allegation remains an assertion until it can be proved otherwise.
Assumption of Risk - Asserts that the plaintiff knew a particular activity was dangerous and bears all responsibility for a wrongful death that resulted
BAC (Blood and Alcohol Level) – Measurement of the amount of alcohol in a person’s bloodstream. The legal BAC limit is .08%. Under the age of 21, the legal BAC limit is .02%
BAL (Breath alcohol level or blood alcohol level) – Measurement of the amount of alcohol in a person’s bloodstream. The legal BAL limit is .08%. Under the age of 21, the legal BAL limit is .02%.
Compensatory Damages – Reimbursement to a family member for the exact dollar value they lost due to a wrongful death, which could include: medical expenses, funeral costs, loss of income, future earning capacity as well as pain and suffering.
Contributory Negligence – A person injured, partially due to his own negligence, is not entitled to collect damages from the accused party.
Damages – Monetary compensation as a result of a wrongful death due to the negligence or unlawful misconduct of another person or entity.
Defective Product – Product causing a wrongful death due to of a defect in the product, such as: design defect or manufacturing defect.
DUI/DUII - Driving under the influence of drugs, alcohol or a combination of drugs and alcohol.
Duty to Warn - Legal obligation to warn people of a danger which would include manufacturers of hazardous products, such as cigarette smoking warning labels, drug side affects, harmful chemicals in cleaning products, etc.
DWI – Driving under the influence of drugs, alcohol, a combination of drugs and alcohol or driving while impaired.
Medical Malpractice – When a wrongful death occurs due to the negligence of a health care provider, such as a doctor or hospital.
Misdiagnosis – Medical professional failure to properly diagnose or identify a patients medical condition. Doctor can be held liable if a wrongful death resulted from a misdiagnosis or as a result of negligence.
Prescription Error – When a patient receives the wrong medication, improper does of medication or is not given medication at the right time, resulting in a medical malpractice wrongful death.
Pecuniary Damages – Economic or financial loss as a result of a wrongful death due to the surviving family, such as: loss of income, future earning capacity, medical and funeral experiences, etc. (Pain and suffering would be considered non-pecuniary damages).
Punitive Damages – In rare cases where the court determines that the defendant engaged in obvious and excessive reckless behavior, the court may assign to the plaintiff monetary awards over and above compensation.
Statute of Limitations – An established legal deadline to file a lawsuit after the date of a wrongful death. After the specific legal deadline, surviving family members lose their right to sue for compensation.
Wrongful Death – A wrongful death is a type of lawsuit that is brought on behalf of the surviving family members of a person who has died due to negligence or misconduct of another.
If you believe that someone you love has died as the result of a wrongful death, please call an experienced wrongful death attorney at The Law offices of Leger and Associates : 1 (800) 810-2884 or fill out the FREE case evaluation for an immediate response.
June 15th, 2009 at 9:24 am
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