Wrongful Death Questions
How is “wrongful death” defined?
A wrongful death is when someone is killed because of negligence, product liability, or malice. Negligence includes medical malpractice and accidents, including automobile, airplane and workplace. Manufacturers of dangerous products can be held liable for related injuries, as can executers of violence that results in death.
What is the first step in filing a wrongful death laws?
You should first contact a wrongful death attorney because there are statutes of limitations and other possible deadlines that may be critical to your case. An attorney can help you gather evidence, understand the law and ease anxieties.
How are damages determined?
Surviving family members can often sue for medical bills and burial costs that were paid for that injured person. After that, the amount of damages becomes complex and varies for each case. The estimated amount of wages the deceased would have earned if he or she was living may be taken into consideration, along with pain and suffering endured by the survivors. You could also be reimbursed for lost inheritance, pain and suffering, mental anguish, loss of companionship and/or other general damages.
What is the difference between wrongful death and medical malpractice?
Medical malpractice is a type of negligence whereas wrongful death is a category of damages. Therefore, medical malpractice wrongful death cases are possible, but when one is present, it doesn’t necessarily warrant the other.
What is the difference between wrongful death and murder?
Murder is a criminal case, filed on behalf of the citizens of a particular state or federal district, not by the victims or their families. In criminal cases, the standard is "proof beyond a reasonable doubt,” where the accused are perceived as innocent until proven guilty. In civil cases, the standard of proof is "by a preponderance of the evidence," which basically translates to “more likely than not.”
Can I file a wrongful death suit if the deceased never held a job?
Yes. Even if the decedent never held a job, he or she may have contributed to the family another way. For example, a stay-at-home wife or husband contributes services, such as nurturing his or her family. These contributions are categorized as "pecuniary losses.”
What if an attorney has already told me I don’t have a good case?
Deciding if you have a “good case” involves a lawyer’s judgment, so it is always beneficial to get a second opinion from several qualified wrongful death attorneys.
How long will my wrongful death case take?
Many of these types of cases are settled before filing a lawsuit or going to trial. However, if a wrongful death case is litigated to trial, it could take several years before it is settled. If you are filing this kind of case, please remember that a speedy resolution is not guaranteed.
THE PERSONAL INJURY LAWYERS