The most famous wrongful death case is probably the civil lawsuit filed against O. J. Simpson after he was acquitted of murder. In the second, civil trial, Simpson was found guilty based on the preponderance of the evidence. This illustrates how wrongful death cases are judged on a lower level of proof than that required in criminal cases.
A wrongful death case usually, but not always, follows a criminal trial. The wrongful death case charges that the death was caused by the ‘negligence or misconduct’ of another (even if the ‘misconduct’ was murder). Although some cases have only one defendant, other cases may allege that multiple parties share the blame for the death. For example, in a medical malpractice case, in addition to the doctor, the case could involve other medical personnel and the manufacturer of a defective medical device.
The goal of the wrongful death case is for the deceased person’s estate to receive financial compensation for losses caused by the death. Establishing a value for someone’s life is anything but a straightforward proposition. If the decedent was an adult earning a regular income at the time of death, estimated future earnings would be only one factor to be considered. The economic loss to children of the victim would be another factor. If someone was unemployed at the time of death, future earnings would be calculated based on past earnings. Experts are called upon to put a value on the loss of the decedent’s services on behalf of his or her family, among other matters.
Although the jury in a wrongful death case determines the damages, they do not necessarily have the last word. The court is allowed to adjust the amount of the award; it may be increased or decreased. In Colorado, if the defendant’s conduct was ‘willful and wanton’ in regard to the death, the law also allows for punitive damages to be imposed.
Heckman and O’Connor is a law firm that has been serving the legal needs of their clients in Vail Valley and the surrounding regions since 1979. In addition to wrongful death and other types of civil litigation, these Wrongful Death Lawyers in Vail handle criminal defense cases and matters involving real estate and construction law.
