Wrongful
Death FAQs
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 precipitated 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 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 there is neither a surviving spouse or surviving
children, 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.
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.
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 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;
pain and suffering of the survivors; and
the loss of care, protection, companionship to the
survivors.
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.
8. 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 Epperly & Follis, P.C. immediately. An attorney should
be consulted as soon as reasonably possible because there
are statutes of limitations and possibly other critical
deadlines that may impact the case.
9. What about the costs involved in pursuing a case?
The attorneys at Epperly & Follis, P.C. 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.
10. 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.
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