Wrongful Death
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”...
What about the costs involved in pursuing a case?
Many attorney 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...
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...
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...
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...
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.
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...
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...
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...
What if I have other questions?
Contact Scott C. Gottlieb, Injury Law Attorney, today. We will answer your questions and discuss your case.
