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Article: Primer on wrongful death claims: a successful wrongful death claim can compensate a family that has suffered the loss of a loved one. Preparation is key, for everything from determining what claims should be filed to thwarting defenses.
- Article from:
- Trial
- Article date:
- February 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Wrongful death cases should be tried as quickly as possible, because people and their relationships change over time. When young children grow up, doing well for themselves dilutes their wrongful death claims for a parent. Likewise, if a decedent's spouse remarries, or if trial occurs at a time past the decedent's life expectancy if the negligent act had not occurred, jury appeal is greatly reduced. The jury might award lesser damages, considering that the decedent's family would have faced the same issues when he or she died of natural causes.
Medical history
Begin investigating a potential client's claim by obtaining the entire medical histories of ...