Wrongful Death FAQs
2. Who can file a wrongful death case?
3. Can I bring a wrongful death action if the deceased never held a job?
4. Can someone sue for the pain and suffering of a decedent?
5. What if a person dies before bringing a personal injury lawsuit?
6. What kinds of damages are recoverable in these cases?
7. When someone dies, what is the difference between the civil and criminal cases that can be brought regarding the death?
8. What is the first step in pursuing a wrongful death claim?
9. How long will my wrongful death case last?
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
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.
2. Who can file a wrongful
death case?
A surviving spouse 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, the administrator of the
decedent's estate can sue 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.
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 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
- Pain and suffering of the survivors
- The loss of care, protection, companionship to the survivors.
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.
8. 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 contact an attorney. An
attorney at Oshman & Mirisola, LLP should be contacted
as soon as reasonably possible because there are
statutes of limitations and possibly other critical
deadlines that may impact 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.