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?
What if a person dies before bringing a personal injury lawsuit?
What kinds of damages are recoverable in these cases?
What is the first step in pursuing a wrongful death claim?
When someone dies, what is the difference between the civil and
criminal cases that can be brought regarding the death?
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 person. 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 damages.
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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 neither a surviving spouse or
surviving children exist, 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
and mother, 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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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 types of damages 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; and
- The loss of care, protection, companionship to the survivors.
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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
contact an attorney at Barry & Loewy LLP.
A lawyer should be consulted as soon as reasonably possible because there are
statutes of limitations and possibly other critical deadlines that may impact
the case.
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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 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 is more severe. In a civil case, the
defendant will typically have a monetary judgment entered against him/her.
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For more information, please see our page on Wrongful Death.
If you have additional questions, click here for a free Wrongful Death claim review.
