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If one of your family members died and someone else is to blame, a wrongful death attorney can act for you. Often this is not counted as murder because it is a situation where the person did not intend to kill and so there may be no criminal conviction.

For example, the hospital didn't intend for the patient to die but because of negligence or a mistake by the anesthetist, the hospital or anesthetist could be at fault. If this is the case, then the dead person's family can claim compensation by hiring a wrongful death attorney who would act for them.

Usually, the wrongful death attorney would begin negotiations with the insurance company of the person who's believed to be at fault. Medical professionals are insured against malpractice claims and most companies have liability insurance covering situations where their employees might have done something negligent in carrying out their job. The auto insurance would usually pay if it was an auto accident.

Unlike in a criminal case or trial for a criminal offense, it's easier to show that somebody was responsible for wrongful death in a civil case or suing for compensation. That's because the accused is innocent until proven guilty in a criminal offense. In a civil case, the outcome depends on preponderance of the evidence, so you only have to show that the person was probably at fault, you do not have to prove it.

Wrongful death settlements tend to be lower than the highest of the personal injury settlements where the person is still alive but severely disabled. This is because the dead person cannot be compensated. The compensation will go to family members and although they suffer from the lost of their loved one, the courts feel that unlike a baby severely disabled because of medical malpractice, a baby whose mother is killed won't suffer as much later in life.

A wrongful death case settlement can be several million dollars. Because some cases have been settled out of court by agreement between the two sides through their wrongful death attorney, it's impossible to know the highest awards. The amount doesn't have to be made public in that situation.

However, where cases go to court they are usually reported in the news. Awarded are the highest settlements where the parent of the dependant children is the person who died. Last October 2009, Jennifer Strange, a 28 year old mother who has 3 young children, died of water intoxication when she participated in a contest called 'Hold your wee for a Wee' and so the jury awarded $16.5 million to her family. The award was made against the radio station who staged the contest in Sacramento, CA.

The jury takes into account many factors when it comes to awarding a wrongful death settlement. As well as the suffering caused by the loss of a parent, child, spouse or sibling, the court will consider the salary that the person was earning or could have been expected to earn if they had survived, and the effect on their spouse and dependants of losing that money, plus the cost to the family of finding somebody else to care for kids, etc.

If you think that you may be entitled to compensation for a death in your family, you will need to consult with a specialist lawyer. Because these are complicated cases, having the best advice would be worth it. Your case could be affected with anything you say to the media or other party so take advice from a wrongful death attorney before speaking to anybody.

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