Wrongful death damages
Posted By James Roane on May 13, 2010 7:09pm PDT
Wrongful death cases can be very difficult to litigate and prove damages. Some jurors think that money will not bring the deceased person back, so why bother? These jurors must be made to understand first of all, it is the law. In the distant past, the law used to be an eye for an eye and there was vigilante justice. This created a chaotic system. Laws were put in place as a replacement to this system. Laws can help punish the defendant, deter future negative conduct and to redress the victim's loss. So, the jurors are not there to make up law but to simply apply it to the facts. Attorneys in wrongful death cases must stress this fact.
Aside from it being the law, we also have a "you break it you fix it" rule of ethics. And, if you can fix it then pay for the damage you have caused. With this in mind, jurors should try and valuate what was lost. The loss is not to society or the juror, but instead to the heirs of the deceased. Losing a mother, spouse, brother or child because of the negligent or reckless acts of a defendant makes this loss worse. It is bad enough to lose someone, but losing them unnaturally and unnecessarily makes it hard to move on. Wrongful death cases involve much more than this, but this is a starting point.