What is wrongful death?
Any claim related to wrongful death implies that a legal claim may be brought by the survivors of a decedent (dead person) because of the death cause by the wrongful conduct or negligence of another. If there is any death cause by an act of negligence, a defective product or a deliberate act, a wrongful death has occurred and the family members of the decedent has the right to bring forth a wrongful death claim. The idea behind a wrongful death lawsuit is that it protects the family members of the dead person, because once a person dies by the wrongful act of another, then not just he, but also the family members who depended upon him are injured and suffer financial and emotional support. A negligent or careless act such as careless driving or any reckless act can result in wrongful death.
What is the difference between a wrongful death and a murder?
Wrongful death is a civil claim whereas a murder results in a criminal lawsuit. In wrongful death the family members of the decedent can seek to recover compensation for the death caused by the wrongful act of the defendant. However, in murder it is the state that seeks to punish the accused. In wrongful death case civil liability can be secured even if the guilt of the person is not proved beyond reasonable doubt, however, in murder cases the conviction can only be secured if the person is proved guilty beyond any reasonable doubt. A criminal case can only be brought by the government whereas a civil case for wrongful death can be filed by any family member who has suffered due to the death of the loved one.
Who can file a wrongful death case?
Immediate family members can file a wrongful death case. The spouse can file claims. Surviving dependent children also have the right to file a wrongful death case. Representative of the deceased person’s estate also has the right to file a case; however, one must consult a wrongful death attorney before taking any final decision about filing a case. Brothers and sisters are entitled to bring a wrongful death action if the decedent has no surviving children or parents. Before filing any case you should consult an attorney because the wrongful death lawsuit is defined in each state law and it differs from one state to another.
What kind of damages can I expect to collect?
Under wrongful death you may claim damages for mental anguish, loss of companionship, loss of income or such other reasons. You can also expect to collect medical costs incurred, funeral or burial costs and any other damages suffered due to the premature death of the person. However, you must know that punitive damages can only be claimed if malicious intent can be proved in the wrongful death case. You should always contact a lawyer who can guide you and handle your wrongful death claim appropriately to state what kind of damages you might get. Figuring the exact amount of money that you can claim is a tedious process and very complicated, so it is advisable that you leave it to the wrongful death attorney to decide your claim.
Can I bring a wrongful death action if the deceased never held a job?
Even if the deceased never held a job, you can still bring a wrongful death action. This is so because the deceased person would have contributed to the family in a number of different ways other than earning money. For example, a housewife contributes to the family even though she doesn’t earn money and one cannot claim that she was of no worth. Her contribution towards the nurturing of the family and the loss suffered on her death would definitely allow her family members to claim damages for the wrongful death. Housekeeping, childrearing and such activities definitely doesn’t act as any hindrance to the wrongful death claim. In fact, in some states you can also claim loss of companionship and it has no bearing on whether the deceased was earning.
How do you calculate future damages?
Life expectancy tables are used to determine the contribution that the deceased might have made if he wasn’t killed wrongfully. Any financial or emotional contribution of the deceased is taken into consideration. Future damages are also considered by calculating the amount a person might have earned before his retirement.
What about punitive damages?
Punitive damages are extra monetary fines that the party causing the wrongful death has to pay in a civil lawsuit. These damages are applicable in a few states of America. Punitive damages are usually awarded because the defendant’s behavior was reckless or malicious and there was intent behind the wrongful death.
If I settle out of court, is the amount of the settlement public record?
Out of court settlement is a complex procedure where there is no need to declare the terms of the settlement, nor is it required to state the amount recovered. Sometimes, non-disclosure agreements might have to be signed to keep the matter within closed walls. However, you should always take the help of a wrongful death attorney to guide you about the consequences of such agreements.
How soon must I file a wrongful death lawsuit before I lose the right to do so?
The limitation period for filing wrongful death cases is generally 3 years, but there are several exceptions to this rule. The claim may be commenced any time after the death of the decedent. You should immediately consult an attorney to help you file your claims within the period of 3 years. Medical malpractice cases, resulting in wrongful death, generally has one year limitation period. The limitation period may be extended if the person who seeks to file the wrongful death claim is suffering from any mental disability or if he is a minor. Further, there are special rules concerning government entity and other special type of cases. For all these reasons, it is advisable to consult a wrongful death attorney before filing your claims.
Do I need an attorney to pursue a wrongful death case?
You need to consult a wrongful death attorney because filing cases is a complex procedure which must be left in the hands of experts. The complex procedure of interviewing witnesses, investigation of potential defendants should be left in the hands of an able attorney.