Frequently Asked Questions

In most situations, if the person filing the Personal Injury lawsuit dies, the case may continue. Their Personal Injury attorney will assist in making the appropriate changes to complete the suit, as often it is the heirs of the deceased’s estate that receive the amount awarded through a wrongful death action.

In many states, children must be born alive for its death to be considered eligible in a wrongful death action in most states. A competent wrongful death attorney will be able to explain the relevant laws that apply in your state.

Most states do not allow punitive damages in a wrongful death suits. Each state’s laws are unique.

No, differences between each state’s wrongful death laws are substantial. Your wrongful death attorney will assist you in determining the state where you should start your wrongful death action. Some states do not allow specific types of damages and may have dissimilar statutes of limitations within which you must file suit.

There are many ways a person may have contributed to the family unit. Stay-at-home individuals are good examples. A stay-at-home individual provides numerous services that will now have to be taken over by others, such as cleaning, cooking, maintaining a household, as well as the loss of guidance and nurturing of the family. These are considered “pecuniary losses” and are a significant element of damages in a wrongful death action.

Usually, damages for the pain and suffering experienced by the person prior to death, in addition to the other elements of damages, may also be recovered.

Yes, each person is unique and the losses sustained by the heirs is also unique.

If the death was caused by the commission of a crime, the government will bring criminal charges against the defendant in an attempt to prove that the defendant was guilty of the crimes. Punishment for commission of a crime may involve for example, the loss of driving privileges, incarceration and/or monetary fines. Civil cases arise when the person who caused the death failed to exercise ordinary care and the state’s laws permit the survivors to seek compensation for the pecuniary value of the loss of means of support and the loss of aid, comfort, society and companionship.