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Wrongful Death FAQs
What is a wrongful death claim?
Who may file a wrongful death case?
Can I bring a wrongful death action if the deceased never held a
job?
Can someone sue for the pain and suffering of a decedent?
What if a person dies before bringing a personal injury lawsuit?
What kinds of damages are recoverable in these cases?
When someone dies, what is the difference between the civil and
criminal cases that can be brought regarding the death?
What is the first step in pursuing a wrongful death claim?
How long will my wrongful death case last?
What is a wrongful death claim?
In general terms, a wrongful death claim refers to a cause of action that may be
brought by certain family members of a decedent whose death was precipitated by
the wrongful conduct of another. The wrongful act that resulted in death may
have been intentional, reckless, or negligent. In cases where a dangerous
product caused the death, it may not be necessary to show wrongful conduct in
order to recover.
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Who may file a wrongful death case?
A surviving spouse may bring a wrongful death claim. If there is no surviving
spouse, the children may bring the death claim. If there is neither a surviving
spouse or surviving children, the parents of the decedent may pursue the
wrongful death claim. In any case, an administrator of the estate must be
appointed and the administrator can sue on behalf of the estate.
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Can I bring a wrongful death action if the deceased never
held a job?
Yes, even if the decedent never held a job, they may have contributed in some
other way to the family. A good example of such a decedent is a housewife, who
contributes services, guidance and nurturing to her family. These contributions
are quantifiable as "pecuniary losses" in a wrongful death action.
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Can someone sue for the pain and suffering of a decedent?
Yes, in addition to the wrongful death, a decedent's family may recover damages
for the pain and suffering that the decedent endured prior to death.
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What if a person dies before bringing a personal injury
lawsuit?
It depends on whether a person dies as a result of the injuries or from
unrelated causes. If a person injured in an accident subsequently dies because
of those injuries, that person's heirs may recover money through a lawsuit. If a
person with a personal injury claim dies from unrelated causes, the claim
survives in most cases and may be brought by the executor or personal
representative of the deceased person's estate.
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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.);
- loss of inheritance;
- pain and suffering of the victim; and
- the loss of care, protection, companionship to the survivors.
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When someone dies, what is the difference between the
civil and criminal cases that can be brought regarding the death?
A criminal case arises when the government seeks to punish an individual for an
act that has been classified as a crime. A civil case, on the other hand,
usually has to do with a dispute over the rights and duties that individuals and
organizations legally owe to each other. The burden of proof is higher in a
criminal case, and the penalty imposed is a criminal sanction, whereas, in a
civil case, the defendant will typically have a monetary judgment entered
against him/her.
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What is the first step in pursuing a wrongful death claim?
Given that wrongful death claims and survival actions generally involve a
variety of complex legal issues, the first step is to consult an attorney. An
attorney should be consulted as soon as reasonably possible because there are
statutes of limitations ( which are or may be different than other statutes of
limitations) and possibly other critical deadlines that may impact the case.
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How long will my wrongful death case last?
The vast majority of all cases, including wrongful death cases, are settled
prior to trial. Some cases are settled prior to the filing of a lawsuit, while
others are settled during litigation or even on the "steps of the
courthouse" just before trial. A wrongful death case, if litigated to
trial, could last a number of years. One who pursues a wrongful death case
should understand from the outset that a quick resolution cannot be guaranteed.
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For more information, visit our page on Wrongful Death.
Contact us online through our free evaluation form if you have any questions about your claim.
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