What does wrongful death mean?
What is the intent of a wrongful death
claim?
Who can file a wrongful death claim?
If I am awarded damages, what will this include?
Are punitive damages always awarded in
wrongful death claims?
Is there a statute of limitations in
wrongful death claims?
What does “misconduct” include and who is
normally sued in a wrongful death suit?
It seems that there can be
many challenging issues in these types of cases?
How much does it cost to hire
one of your attorneys for my wrongful death claim?
What does wrongful death mean?
Wrongful death is the term used when someone causes the death of
another person. The death may be caused by the actions or
inactions (negligence) of another. Wrongful death is a civil
matter rather than a criminal matter. To be a wrongful death, it
must be proven that the death would not have occurred without
the defendant's act.
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What is the intent of a
wrongful death claim?
The intent of a wrongful death claim is to compensate family
members who have suffered monetarily and emotionally from the
death. The general components of a wrongful death claim include
the following:
- The death was caused by the
conduct of another
- There is surviving family
members
- The defendant was negligent,
or strictly liable, for the death
- Monetary damages have resulted
from the death
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Who can file a wrongful
death claim?
This varies by state, but generally immediate family members
(spouses, children and parents) are the ones that can pursue a
wrongful death claim. Some states are now extending the
definition of “immediate family members” to include
grandparents, legal dependents, or members of the extended
family, in limited situations.
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If I am awarded damages, what
will this include?
The following are commonly awarded damages in a wrongful death
action:
- Immediate expenses associated
with the death (medical & funeral)
- Loss of victim's anticipated
earnings
- Loss of benefits (pension,
medical coverage, etc.)
- Loss of inheritance
- Pain and suffering or mental
anguish to the survivors
- Loss of care, protection,
companionship to the survivors
- General damages
- Punitive damages
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Are punitive damages always
awarded in wrongful death claims?
No. Punitive damages, which are awarded to punish the defendant
rather than to compensate the plaintiff, will only be awarded if
the action of the defendant is found to be intentional or
grossly negligent.
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Is there a statute of
limitations in wrongful death claims?
Yes, each state is different, so contact our offices immediately
to be sure that you do not miss this important deadline. Once
the deadline expires, you are forever barred from bringing a
claim to court, regarding the death of your loved one.
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What does “misconduct” include
and who is normally sued in a wrongful death suit?
Misconduct can range from one act of momentary negligence or
carelessness to an intentional or grossly negligent act.
Defendants can be anyone from a single physician to an entire
medical facility or hospital to a large corporation or drug
company.
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It seems that there can be
many challenging issues in these types of cases?
Issues in wrongful death cases can be very complex, which is why
it is critical to have an attorney working with you on your
case. Complicated issues in wrongful death cases often include
the following:
- Proving life expectancies of
the deceased and survivors to determine financial losses-
there are no graphs or charts to easily determine these
numbers.
- The nature of the relationship
between the deceased and the survivors- this often goes to the
amount of damages. This gets complicated when several people
step forward with different viewpoints on whether or not the
family relationships were good, bad, or indifferent.
- Lastly, much of the true loss
in a wrongful death claim is non-economic or emotional one.
This is difficult to put a price tag on.
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How much does it cost to hire one of
your attorneys for my wrongful death claim?
We do not charge any up front legal fees in this type of case.
Therefore, you have nothing to lose- and everything to gain- by
calling us today.
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