1. What is wrongful death? A wrongful death refers to a fatality that occurs because of the negligence of another person, corporation, or group. Wrongful death laws are designed to compensate the deceased’s survivors, and to deter the defendant from causing further harm to others. 2. Can anyone bring a wrongful death suit? No. Each state determines who is eligible to bring a wrongful death suit. In some states, only a child, spouse, or immediate family member is allowed. Other states allow grandparents or other relatives. There may also restrictions on filing when one family member would be suing another family member for wrongful death. An attorney can help determine if you or any other family member is permitted to file a lawsuit for wrongful death. 3. How can I prove a wrongful death occurred? As with most tort actions, the most common element that must be proved in wrongful death cases is negligence. Specifically, to prove negligence, four components must exist: 1. The defendant had a duty to the deceased In addition to proving negligence, you must also present the life expectancy of the deceased and beneficiary in order to establish the loss of future earnings. If you feel a wrongful death has occurred, you should contact an attorney immediately for assistance. Any delay could jeopardize your claim. 4. How are awards determined in a wrongful death claim? The monetary amount of damages in wrongful death claims are very difficult to determine, and varies from case to case. Family members usually have the right to sue for medical bills for the deceased as well as burial expenses. The relationship of the survivors to the deceased is important in determining an award for pain and suffering due to the absence of the deceased person. Furthermore, an estimate of the amount of earnings the deceased would have earned if they lived is important to determine future earnings capacity. Oftentimes expert testimony is needed to estimate the future earnings capacity of the deceased. It is quite possible that you might have to share any settlement you receive with other family members. The obligation you have is determined by state law, and depends on the type of action filed as well as any documents your relatives may have signed. 6. Is there a difference between murder and wrongful death? If so, what is the difference? Yes. The most basic difference is that a wrongful death claim is a civil claim brought in the name of individuals and are tried for money damages, while a murder is brought in the name of the State and are tried to put the defendant in jail. 7. What is the difference between wrongful death and medical malpractice? Medical malpractice is the negligence act, while wrongful death is the damage that occurred from the act. It is possible to have a medical malpractice wrongful death claim, but not all medical malpractice claims are wrongful death cases (not all result in death). A wrongful death case can also be brought as a result of an motor vehicle accident, defective product, work-related accident, or a number of other situations. 8. How long does a wrongful death case take to settle? If the case goes to trial, it may take several years. However, most wrongful death cases are settled prior to trial. As with other cases, wrongful death cases must be filed with the court within a certain time frame, so contacting an attorney as soon as possible is important. An attorney can help you establish the deadline in which you must file a claim. 9. Can adult children be awarded money for the wrongful death of a parent? Yes. The damages awarded to children vary based on age, and may include mental anguish and loss of companionship. Adult children can also claim damages in the amount the parent would have reasonably contributed to them. In addition, damages may also include loss of inheritance and punitive damages. 10. What is my wrongful death claim worth? In order to properly assess the value of your claim, it is necessary to consider the deceased person’s age, sex, health, physical and mental characteristics, occupation, contributions to the family, and the person’s relationship with other family members. Past and future damages may be collected and are very difficult to determine. Oftentimes expert testimony is needed to prove awards for future consideration. 11. What is the statute of limitations in wrongful death cases? The statute of limitations for wrongful death cases, or the time you have to file a lawsuit, varies from state to state and by case type. Generally, you have two years from the date of the incident, but you may have less time depending on the type of case. To be sure your rights will be preserved, you should contact an attorney immediately to determine the type of case you have, and the deadline to file a claim. If there is a question that you have, that you don't see here, please use our FAQ form to send your question.
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