Wrongful Death - Where Even Winning is Losing

The rule of law arguably works very well in civil matters. One area where it undeniably has problems coming up with adequate results is in the field of wrongful death litigation.

Criminal law works on the concept of punishment and rehabilitation. When you commit a crime, the state charges you and tries to deny you liberty as a punishment. This is better known as putting someone in jail for a period of time. There, theoretically, the prisoner will realize the wrong of their ways and be rehabilitated. Civil law is focused on a different approach.

In a civil lawsuit, the ideal of the legal system is to put the suing party back in the position they would have been had the wrong not been committed. If a person is found liable for a car crash, they must pay for car repairs and medical bills, as well as pain and suffering of the other driver. If you breach a contract between our businesses and I prove it, the damages will be based on what I would have obtained had the contract been honored.

This restoration concept breaks down when it comes to a wrongful death action. The simple fact is there is no restoration. How do you replace a person in your life? How do you replace the parenting a mother or father would give their child? The court tries to deal with the problem by awarding monetary damages. In many cases, the damages are huge, but that doesn't really cut it when it comes to the loss of someone close to you.

Many plaintiffs who prevail in wrongful death actions report feeling unsatisfied to one extent or another. The problem is primarily that money makes a poor emotional partner. The idea of holding those parties responsible in court is great and, frankly, there is an element of revenge involved, but that all ends a month or two after the case is over.

Has the court system come up with anything better? No. There really is no substitution for the loss of a loved one.

Thomas Ajava writes for NorfolkWrongfulDeathLawyer.com - your online website for finding a Norfolk wrongful death lawyer to go after those responsible.