Wrongful Death

Wrongful death law is an area of law that seeks to provide financial compensation to the heirs of a person whose death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.

What Laws Govern Wrongful Death?

A defense attorney should get involved in a case at the earliest stages, even before interrogation, if possible. The arresting officers have the obligation to inform the person in custody that he or she has the right to an attorney and the right to have an attorney appointed if he or she does not have the resources to pay for an attorney. Most of us are familiar with these warnings - called "Miranda" warnings, after the name of the US Supreme Court case that first required the warnings -- from crime dramas and television shows.

Under What Circumstances Could a Wrongful Death Occur?

A wrongful death could occur as a result of a variety of situations, including:

• Medical Malpractice that results in decedent's death.
• Neglect or abuse on the part of a nursing home that results in decendent's death.
• Automobile, bus, train airplane or other common carrier accident.
• Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.).
• Death during a supervised activity (sports tournament, field trip, etc.).

How Are Wrongful Death Lawsuits Filed?

An action for wrongful death alleges that the decedent was killed as a result of the negligence (or other liability) on the defendant's part, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents. A suit for wrongful death may only be brought by the personal representative (executor) of the decedent's estate. But, actions for personal injury (survival actions), conscious pain and suffering, or expenses incurred prior to the decedent's death are also typically brought.

What Damages Are Awarded In A Wrongful Death Lawsuit?

Pecuniary (financial) injury is the main way damages in a wrongful death action are awarded. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Damages also typically include interest from the date of the decedent's death. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.

How Are Damages Awarded?

Any damages awarded belong to the estate and pass as directed by the decedent's will or by state law if such things are not specified in the will.

Should I Hire An Attorney?

If a loved one has died after an accident or injury caused by the negligence or misconduct of another individual, company or entity, you should retain a wrongful death attorney right away. Keep in mind that there are time limitations in filing your wrongful death lawsuit, as well as other legal implications, so the sooner you contact us the better.