Death Claims
An example of a case that is hard to handle and prosecute is a wrongful death claim. This type of case should be handled by a very experienced lawyer to assure a degree of success in filing for compensation claims. Wrongful death is the death of a loved one caused by the fault another person. Examples are drunken driving, constructing a weak building that collapsed during an earthquake, defective consumer products or a medical doctor failing to diagnose correctly a fatal disease.
It is really hard to put a monetary or financial value on the life of a loved one who perished due to the negligence of other persons. The court tries to value this life based on lost income and other factors such as the mental pain and emotional suffering of the family survivors. The whole concept of a civil claim (monetary) as distinguished from criminal liability is to make the guilty party a bit more careful next time to prevent any repetition of the circumstances that led to someone’s death. Another motive for the civil claim is to provide financial assistance to widows and orphans who may otherwise be deprived of the support of the family breadwinner. Wrongful deaths fall under tort law sometimes called as delicts. This occurs when there is a breach of duty or infringement of an existing legal right.