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. The Law Offices
of Scott C. Gottlieb & Associates, LLP 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 The Law Offices
of Scott C. Gottlieb & Associates, LLP today. We
will answer your questions and discuss your case.
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