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Wrongful Death:
These are lawsuits based on state statute that permit close relatives of a person who died as a result of a wrongful act to recover for lost financial and emotional support. The wrongful act may be negligent, such as careless driving; reckless; or deliberate, such as an intentional murder. It is important to understand that the prosecution of the alleged wrongdoer under a criminal statute does not preclude a private, wrongful death action. Whether your loved one was harmed by government actors or private individuals sssBK can provide the legal services you need.
Frequently Asked Questions:
What is a "wrongful death"?
A wrongful death is an unnecessary death that has been caused by the negligence of another person or company. Examples of wrongful death include those caused by a drunk, reckless or careless driver, an intentional act such as a deliberate murder, deaths caused by the manufacture of an unsafe, defective or dangerous product, or even deaths caused by a physician failing to diagnose a treatable disease.
Who can file a wrongful death case?
A surviving spouse, or if there is no 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, the administrator of the decedent's estate can sue on behalf of the estate.
What types of damages may be recovered in a wrongful death case?
Types of damages. When a defendant is found legally liable for the death of another, the types of damages that may be recovered can also vary greatly. For example, the plaintiffs in a wrongful death case may be able to recover the deceased person's medical expenses, funeral and burial expenses, lost earnings, and lost benefits (such as pension benefits or medical and health insurance coverage). Additionally, in a few states, the plaintiffs may be able to recover damages for pain and suffering or mental anguish that they experienced as a result of the death as well as punitive damages.
Calculating damages. The method and manner of calculating damages in a wrongful death action can be very complex. This potential complexity is especially true when trying to calculate the monetary loss to which the plaintiffs are entitled. Monetary loss, sometimes called pecuniary loss, generally includes the survivor’s lost support, contributions, and services of the deceased person. The computations for these damages are typically based on the deceased person's life expectancy and work life expectancy as well as the life expectancies of the beneficiaries and, where necessary, the remaining period of minority of any beneficiaries.
Multiple beneficiaries. In cases where there is more than one beneficiary, the damages will be distributed among those beneficiaries. Most states allocate the damages among the beneficiaries in accordance with their losses. However, in some states the recovery is divided as spelled out in its wrongful death or intestacy laws.
Are punitive damages recoverable in wrongful death actions?
Punitive damages are an extra monetary penalty against the party found legally responsible in a civil lawsuit. They are usually awarded because the defendant's behavior was reckless or malicious. Some, but not all, jurisdictions allow plaintiffs to seek punitive damages in wrongful death cases. Your attorney can tell you more.
Can a plaintiff bring a wrongful death action if the deceased never had a job?
Even if a loved one never had a job, he or she might have contributed to the family in other ways. The plaintiff may be compensated for services the deceased person had been providing and would have continued to provide. This includes housekeeping, childrearing and similar activities. In some states, the plaintiff also may recover for the loss of companionship in addition to medical and funeral expenses. If the loved one was in school to prepare for a profession, this could also be taken into consideration.
Can I bring a wrongful death action based on the death of a child or an elderly person?
Yes. The calculation of damages, however, may be different than if a parent who supported a family had passed away. It is likely focus on the non-monetary contributions or the services that the deceased provided to the family.
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