Wrongful Death FAQs
What is a wrongful death claim?
Why should I file a wrongful death claim?
Who can be sued in a wrongful death case?
What are the most common forms of wrongful death?
Who is eligible to receive compensation?
How long do I have to file my claim?
What kinds of damages are recoverable in these cases?
What is the first thing I should do in pursuing a wrongful death claim?
What is a wrongful death claim?
A wrongful death claim is a lawsuit brought by the family members or surviving
dependants of a person whose death was caused by the negligence or wrongful
conduct of another. This can include negligence, recklessness, or intentional
action.
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Why should I file a wrongful death claim?
People file wrongful death claims to obtain compensation for their loss. This is
not putting a value on human life. Rather, the compensation takes into
consideration the deceased's earning potential, pain and suffering of the
deceased and the family, as well as funeral expenses and medical expenses. Many
people feel they need to follow through with a
wrongful death claim to bring
closure over the loss of their loved one.
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Who can be sued in a wrongful death case?
The offending party in a wrongful death case can be an individual or even a
company, depending on the circumstances of the injury which resulted in death.
For instance, in the case of an automobile accident, the negligent driver would
be liable. If a fatal heart attack was caused by documented but undisclosed side
effects of a prescription medicine, the pharmaceutical company that manufactured
the drug might be liable.
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What are the most common forms of wrongful death?
- Motor vehicle accidents (including cars, large trucks, pedestrian accidents,
and motorcycles)
- Premise liability accidents, such as slip & falls
- Medical malpractice
- Workplace accidents
- Nursing home abuse
- Accidents in the home
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Who is eligible to receive compensation?
A surviving spouse can bring a wrongful death claim. If there is no surviving
spouse, the children may bring a claim. If there is neither a surviving spouse
nor surviving children, the parents of the decedent may pursue the wrongful
death claim. Absent a surviving spouse, surviving children, and surviving
parents, the administrator of the decedent's estate can sue on behalf of the
estate.
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How long do I have to file my claim?
Every state has a different statute of limitations on the time period for filing
a wrongful death claim. A wrongful death lawyer familiar with the laws of your
particular state would be able to inform you of deadlines and other rights.
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What kinds of damages are recoverable in these cases?
Normally, the following are recoverable:
- Expenses associated with the death (medical & funeral)
- Loss of victim's anticipated earnings
- Loss of victim’s benefits (pension, medical coverage, etc.)
- Pain and suffering of the survivors
- The loss of care, protection and companionship to the survivors.
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What is the first thing I should do in pursuing a wrongful death claim?
Wrongful death claims often involve a variety of complex legal issues. The first
step that you should take in pursing this action is to contact a skilled
wrongful death attorney. A wrongful death lawyer can evaluate your case and
advise you on what action to take. If the attorney believes you have a case, he
or she will gather evidence, interview parties and undertake the necessary
investigations and negotiations to ensure that your wrongful death claim is
successfully resolved.
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