The worst form of loss is the loss of our dear and near ones.
We only wish that it didn’t happen to our loved ones. Death is inevitable. People prepare against natural and man-made calamities, which take lives by the hundreds. Man bereaves and normal life continues. But one never forgets deaths caused by someone else’s negligence, and one naturally expects justice for those deeds.
Deaths deliberately caused by someone else, like murders, are dealt with by each state through criminal laws. Criminal law trials have different procedures for establishing the motive and presenting evidence.
Deaths can also be caused by someone or somebody unintentionally, or due to negligent behavior. They can happen in many ways. In cases of the patient-physician relationship, deaths can happen due to misdiagnosis of disease or using the wrong procedure. Deaths can also happen in industrial situations, or in the transportation of passengers. In order to deal with these situations, each state has enacted laws known as ‘wrongful death statutes.’
Wrongful death statutes come under personal injury laws. Wrongful death can be ‘immediate or delayed outcome of someone’s negligence and the misconduct or negligence causing the death.’ Since wrongful death statutes come under civil law, civilians can file cases against the defendants. These cases are easier to prove than the criminal ones because they are decided by the preponderance of the evidence, not clear and convincing evidence.
Each state has its own statute of limitation, after which a case can’t be brought to court. In Michigan, the discovery period is six months, but in the case of Miller v. Mercy Memorial Hospital Corp. the period was held to be three years.
The role of lawyers in these cases is to establish the negligence of the defendant, and to derive maximum compensation for the relatives of the deceased. This type of case takes a long time to be settled, so it is wise to engage a lawyer with good credentials. By: JIMMY STURO