What Is Wrongful Death? Wrong death occurs when someone is killed due to the carelessness of another person. Product liability, medical malpractice and car accidents are examples of things that can be classified as wrongful death. People can also file a wrongful death claim against a government agency. A person can file a wrongful death claim if his or her loved one died because a doctor failed to make an accurate diagnosis. People can also file a wrongful death claim if their loved one died after being hit by a drunk driver. Additionally, the family members of a murder victim can file a wrongful death claim. Why Do People Who File A Wrongful Death Claim? The death of a loved one is difficult to deal with. Not only do people struggle to come to terms with their loved one's death, but they may also suffer financially. For example, people …show more content…
Debt does not go away after one dies. It is usually passed on to the next of kin. That is why people often inherit the debt of their loved one's. People want to get compensation so that they can cover living expenses, the funeral and debts. Who Can I File A Wrongful Death Claim? In every state, the immediate family members are able to file a wrongful death claim. This includes the children and spouse of the deceased person. Adopted children can also file a wrongful death claim. Parents can also file a wrongful death claim if the deceased child was not married. Some states allow domestic partners to file a wrongful death claim. In some cases, distant relatives can file a wrongful death claim. This includes grandparents, brothers and sisters. For example, if a grandparent was raising a grandchild, then he or she may be able to file a wrongful death claim. Some states also allow the parents of an unborn baby to file a wrongful death claim. However, the parents have to be able to prove that they suffered emotional and financial loss as the result of their unborn child's
Why did they die? Why didn’t you stop it from happening? These are common questions asked following a loss. During this time of processing, two feelings are predominant; anger and guilt. The feeling of anger can be externally directed toward other people such as family members, colleagues, store clerks, bank tellers, and even pets. The anger can also be directed inwardly; this is when someone is angry with themselves. In both of these situations, the anger is misdirected. The anger being experienced is actually anger at the person that died. That is not meant to say we are angry with the person that died, rather we are angry at the loss of their physical presence in our life. We have been robbed of the opportunity to be with our loved one. Guilt is the other strong emotion that can be present when we are experiencing a loss. Many individuals get lost in guilt. These individuals believe they could have, should have, or would have been able to prevent their loved one from dying. If we step back and look at the situation, we realize we are only human. It is not our fault someone has died. We are not powerful enough to actually stop death from happening. Guilt is self-blame and it becomes a viscous circle that makes it hard to process grief. When individuals are able to rid ourselves of anger and/or guilt, it becomes possible to find
Since it is common and inevitably bound to happen, why should we take their deaths to the heart? It is considered a crime against Heaven, the dead and nature. The truth is that every Father must pass away at some point. Please stop grieving as you are and start to think of me as your new father. Everyone knows you are the most closest to our throne.
The plaintiff Michael Aloe, widower of Robin Aleo, brought a suit individually and on behalf of his wife’s estate in Massachusetts/ U.S. First Circuit, against SLB Toys, Amazon.com Inc., Toys “R” Us, and Amazon.com Kids, Inc., after his wife dies from injuries sustained when an inflatable pool slide collapsed while she was sliding down. The decedent was attempting to slide down head first in an inflatable, in-ground swimming pool slide imported and sold by Toys R Us. The pool slide collapsed and caused her to strike her head on the concrete deck of the pool. The decedent fractured two cervical vertebrae and suffered a severed spinal cord. She died the following day after she was removed from life support.
The death of a loved one can be tragic. It often alters how people think, feel, and act. Some people withdraw from life, some move closer to God, and some appear to lose their minds. Shakespeare’s Hamlet and Samuel Johnson both lost someone very close to them, but found very different ways to deal with their losses.
Have you lost a loved one due to the negligent or willful actions of another? South Carolina has a cause of action for wrongful death under Code § 15-51-10. This statute allows a wrongful death claim to proceed where a person’s death was “caused by the wrongful act, neglect or default of another,” and the deceased person would have been entitled to recover damages from the wrongdoer if he or she had survived.
In all cases in which the cause of death cannot be determined, a medico-legal autopsy is done. In a nutshell, a medico-legal autopsy serves to help explain a legal question surrounding the death in question e.g. is the manner of death natural, unnatural or undetermined? Was someone else involved? What were the circumstances leading to death? Therefore, in addition to the results and findings of the autopsy, other findings such as those from the crime scene also play big role in helping to determine what really happened.
A big problem that is becoming of lawsuits is Wrongful Birth Cases. Wrongful birth by legal definition is a term to describe medical malpractice. A claim that the child would not have been born if medical malpractice did not occur (Knudsen, 2011). The legal definition of medical malpractice is also known as medical negligence, this is a professional negligence by act or omission by a health care provider which the treatment provided falls below the accepted standards of practice in the medical community and causes injury or death to the patient (Dictionary.com). In most cases, this is medical error. There is now 28 states that recognized wrongful birth claims. There is also 12 states that prohibit wrongful birth claims, including, Idaho, Utah, South Dakota, Minnesota, Oklahoma, Arkansas, Missouri, Kentucky, Michigan, Pennsylvania, North Carolina, and Georgia (Knudsen, 2011). A question that is always looked at is, What is the value of life to a parent? Does every child that is not “normal” not deserve a chance to live?
When a death is caused by someone else, it may give rise to a wrongful death lawsuit. The person bringing the lawsuit is usually the spouse, children, or parents of the deceased person. They are often called "distributees" in the case.
Most people do NOT experience the pain and devastation of the death of a child. And I truly hope no parent will ever feel the death of their child because they do not deserve it.
Humanity has long experienced grief after death; however, only recently has the realm of anticipatory or preparatory grieving been explored to any degree. Our article below covers several aspects that may help those going through such a life event recognize the most common underlying symptoms and understand the process. Hopefully, it will help not only the families affected but the very loved one that soon will not be a part of the family unit.
The phrase “right to die” merely means that an individual has a right to die. However, this is a highly debated issue that determines an individual’s right to die. Currently, it is related to people who could continue life via life support or in a lesser capacity, such as in a vegetative state. Right to die also refers to the consent of terminally ill patients the right to commit suicide. Normally those exercising their right to die have previously established what they want in a will or a choice in receiving only minimum care to reduce pain (Right).
emotions in the parties involved. Although, each case of death is different and unique. Those who are
People cope with the loss of a loved one in many ways. For some, the experience may lead to personal growth, even though it is a difficult and trying time. There is no right way of coping with death. The way a person grieves depends on the personality of that person and the relationship with the person who has died. How a person copes with grief is affected by the person's cultural and religious background, coping skills, mental history, support systems, and the person's social and financial status.
Death is something that no one wants to go through or have to deal with, especially concerning the loss of loved ones. Unfortunately, it is not possible to go through life without experiencing this loss. Throughout the past several decades, the way that we view death and the funeral industry has changed significantly. Recently, it has seemed much more apparent that funeral industries are using death as a means of getting rich. But why?
Flawed narration, a literary device which has been used for generations, is used by masterful writers to skew the mindset of their readers. In laymen’s terms, a flawed narrator is one whose credibility has been compromised and cannot be fully trusted by the audience (Hewitt). As seen in Herman Melville’s, Bartleby the Scrivener, and in many of Robert Frost’s poems, the moment a narrator lets his or her subjectivity slip, he or she becomes a character in the story, with all the flaws a normal character would hold. However, stories told by unreliable and flawed narrators are often some of the most interesting and most successful in getting their messages and themes across to a reader. It’s human nature to try and empathize, and in literature,