1. 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 caused
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.
2. Who can 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.
Absent a surviving spouse, surviving children and
surviving parents, another relative or individual
may be appointed as administrator of the decedent's
estate to sue the case on behalf of the estate.
3. 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. Wrongful deaths can also be brought on
behalf of children and other family members who were
not employed.
4. 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 conscious pain
and suffering that the decedent endured prior to
death.
5. 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.
6. 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;
- loss
of advice and guidance to children;
- loss
of household services to spouse; and
- pain
and suffering of the deceased.
7.
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. This judgment is
often covered by insurance.
8. What about the costs involved in pursuing a case?
Many attorneys will agree to handle wrongful death
cases and survival actions on a contingency fee
arrangement. This means that the attorney will not
charge an hourly rate for his or her services, but
instead will be paid a percentage of the recovery in
the event of a settlement or judgment. Attorney
Scott C. Gottlieb will often pay the expenses of the
case and wait to be reimbursed until the successful
conclusion of the case. However, the law requires
that disbursements of the case are ultimately the
client's responsibility. In a successful case, the
disbursements are paid from the proceeds of the
claim at the conclusion of the case.
9. 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.
However, a well-prepared case often settles without
ever having to go to court.
10.
What if I have other questions?
Contact us today. We will
answer your questions and discuss your case.
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