Overturned Judgments in Wrongful Death Can Lead to Future Overturns

There are many instances where a wrongful death can turn out to haunt the family for years to come in more ways than grieving the deceased loved one. A judgment for wrongful death was recently reversed in July of 2014 in the case Miccosukee Tribe versus Bermudez. The judgment fell in favor of the man who lost his wife due to an accident caused by a drunk driver of the Miccosukee Tribe. The verdict that was originally in place holding the tribe liable for the accident by their efforts to defend their accused tribe member.

There are several ways in which a person or tribe, considered to be the third party, can be held responsible or liable for the harm done by another individual. For example, when a store clerk sells alcohol to a minor, or alcohol is purchased for a minor, any harm that the minor may cause while intoxicated can be blamed on the purchaser or seller of the alcohol. Criminal charges are likely to follow after the harm has been accessed and the personal injury, damages, or wrongful death claim has been filed.

In the case against the tribe, the courts agreed that due to their helping with the legal fees and other methods of assistance towards the original defendant that they should be held liable for the monetary value that the defendant was ordered to pay the plaintiff. Although sympathizing with the man and his loss, the court feared that this case would cause other cases to come back up and create an uproar of claims against parents for their child, grown or still at home. In any case of wrongful death, there must be enough evidence to prove that the accused parties are in fact liable for the damages, pain, suffering, and fatality.

Like this case, many cases have complicated the judicial system. Each case has it’s specifics that may be unique and require a new judgment upon research and education on the plaintiffs behalf. There are some circumstances that require a new lawyer or a lawyer who specializes solely in wrongful death cases. Losing a loved one can be a difficult event for you and your family, even more so if you depended on that loved one to provide for the cost of everyday living and companionship. Facing the financial burden can be overwhelming, by contacting a professional, they can assist you in finding a little relief during such a dark time.