Everyone has their own philosophy of justice. However, most people agree that the United States system of justice; and in particular, the jury system, is the most fair system on earth for resolving disputes. When your loved one dies as the result of another party’s negligence, naturally, civil justice is available to the loved ones of the deceased person, in the form of monetary compensation. Of course, no amount of money will bring a loved one back. Life is priceless; no market value can be placed on the value of companionship, the value of having a mother, father, child, sibling or grandparent alive and functioning as a member of the family.
Lawsuits also remind people to act more prudent and safe in all areas of life that involve potential risk, whether it be driving, operating machinery, driving a boat, or performing a medical procedure on a patient. Some areas of life are simply more dangerous and risky than others; and in those instances, we must all act as an ordinary person under those circumstances would act. This is also referred to as the “reasonable person” standard. What would a reasonable person do under a particular circumstance? What would a doctor or other professional do when faced with similar circumstances? What are the rules of the activity? What are the standards of operation?
We have a right to expect that others will act reasonably; and when they don’t and cause another person harm to person or property, or death….they owe compensation. Often, it takes a lawsuit to discover the value of the case through detailed litigation; and through that litigation, things are made more safe; and families are compensated for harms and losses. Filing a lawsuit when someone dies through the negligence of another is normal; and most of the time, expected.
Posted in: Wrongful Death