WRONGFUL DEATH

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

Each state has drafted its own set of civil "wrongful death statutes," and some form of wrongful death claim action exists in all state jurisdictions today. While they all follow similar principles, each jurisdiction is unique, so laws will vary from state to state.

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

* Medical malpractice;
* Neglect or abuse by nursing home personnel;
* Automobile, bus, train airplane or other common carrier accidents;
* Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.).

An action for wrongful death alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members are entitled to monetary damages as a result of the defendant's conduct. The most common people to bring these claims are surviving spouses and children, and sometimes parents. A suit for wrongful death may be brought by the personal representative (executor) of the decedent's estate.

Pecuniary (financial) injury is a 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.

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

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 lawyer right away. There are time limitations in filing your wrongful death lawsuit, as well as other legal implications. Use the form on this page to find a qualified wrongful death attorney to suit your needs and legal situation.

Contact our firm immediately.