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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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