Nursing Home Abuse Law Firm
Ultimately, the duty of care in a wrongful death lawsuit is about the person who caused the death. A duty of care means a person owed another person a duty to keep that person safe. For example, if someone caused an accident due to careless driving, they have a duty to keep the deceased person safe. This duty extends to medical professionals as well. Those working in a medical field must ensure that the patients they treat are safe. If the death was the result of a negligent act, a family member of the deceased can sue the party responsible for the accident. A negligent party must have been aware of the rules of the road and provide the proper safety equipment or measures in order to avoid injury. Whether the person was driving drunk or speeding, or the worksite had defective equipment, the party must have breached their duty of care.
In order to win a wrongful death lawsuit, the plaintiff must prove that the defendant failed to provide proper care for the injured person. This duty includes following laws and not driving recklessly. Additionally, a duty of care exists for tour operators who take clients on activities that can be dangerous for the plaintiff. This is what sets a duty of care apart from ordinary duty of care. And remember: the more a person trusts others, the greater their chances of winning a lawsuit. Compensation awarded in wrongful death lawsuits - Wrongful death cases typically award compensatory damages, which are meant to compensate the deceased for the pain and suffering they endured. While compensatory damages are not taxed, punitive damages are. Punitive damages are designed to punish the defendant, not to compensate the deceased for the expenses they incurred in the wrongful death. As a result, wrongful death judgments can be taxed by the IRS. This is why it is important to consult a CPA or tax attorney when receiving the proceeds from a wrongful death case.
Compensation awarded in wrongful death lawsuits can go a long way in helping a grieving family cover the mounting costs of a funeral, burial, or cremation. The amount of the settlement awarded to a family depends on the type of person at fault. Individual drivers may not have the financial resources to pay the full compensation required. However, insurance companies have deep pockets and can often afford to settle wrongful death lawsuits.