Wrongful Death – Death of a Husband or Wife

When ” until death do us part” happens by accident.

What exactly does a jury in a Wrongful Death case decide, after they have decided that the accidental death of your family member was caused by the negligence of someone else?

The jury will decide what the damages are. In other words, how much is the Wrongful Death case worth. As amazing as it may seem, there may be no true and specific guide for them to follow. They may be left puzzled, on their own, in the jury room deliberating over sums of money.

Suppose the jury is told ” ladies and gentlemen, you must determine how much the claim of the wife of Robert Smith ( fictitious name) is worth for her losses which have occurred due to the death of her husband in the construction accident.”

If you are that wife, that widow, then you already know that no amount of money will compensate you for your tragic loss. But yet, the jury is asked to assign or place a dollar amount on exactly that.

The truth? Different juries will give different results.
One of the first things that a well qualified lawyer will do is to select the best possible jury.

An experienced wrongful death trial lawyer will present the evidence, but the jury will also hear the arguments and persuasive points raised by the attorneys for the insurance company. This combination of pro and con will be of utmost importance as the jury sifts through the evidence piece by piece.

So what, exactly, will the jury look at when it comes time to determine the value of your loss? As I have explained in other places in this website, there are documents and economic information for certain of the economic losses such as tax returns. But for the decision about your pain and suffering here are some pointers:

The length of your relationship
Your time spent together
The activities that you shared together

These are basic facts. How long, how often, where, when.

The key here is not only to present these facts and the paper evidence but for your lawyer to weave these facts into a compelling and emotional love story, about two wonderful people.

To maximize the jury award, It is important that the jury learn to care, to become emotionally invested in seeing you made whole. In order to do this, it is very helpful if the jury likes you. Of equal importance, each juror must learn all about your spouse, and must imagine that if only that juror were to have met your spouse, that they would have liked, respected and appreciated your spouse. They must be convinced by the evidence and the way that it has been presented, that you were a truly loving couple.

When the Law Firm of Mark J. Leeds presents your wrongful death lawsuit you can be sure that the utmost care is taken in presenting convincing evidence effectively.