Death Liability

When a traffic accident or some other type of incident leads to a person's death, liability may result if a person or entity acted in a negligent manner in causing the accident. By filing a wrongful death lawsuit, the immediate family members may recover the expenses related to the death of their family member, along with pecuniary damages, which are designed to compensate a family for the loss of their family member. Pecuniary damages are based on a person's earnings at the time of death, his or her work history and expected income in the future, age, health, and familial status, and may cover losses such as the loss of future income and loss of the future support of dependents. However, the fact that the deceased person had no income or work history does not preclude an award of pecuniary damages or the wrongful death lawsuit itself. For example, the loss of a woman who had primarily been a housewife and caregiver for the family's minor children would still qualify for pecuniary losses, based on the value of the services that she provided her family, such as child care, housekeeping, shopping, etc.

Fast Facts

  • In 2007 , 23% of drivers of light trucks and passenger cars who were involved in fatal accidents were intoxicated.
  • Vehicle occupants accounted for 74% of traffic fatalties in 2007.

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