Elements of a Wrongful Death Lawsuit
Who can file a wrongful death lawsuit?
The lawsuit itself can only be filed by the executor of the decedant’s estate. The executor is the person named in the victim’s will who is responsible for distributing assets and paying debts and taxes. The executor files the lawsuit on behalf of the decedant’s immediate family, usually a spouse, parent or child.
In most cases, a wrongful death lawsuit cannot be pursued by a friend or extended family relative.
Why must the plaintiff be an immediate family member?
For damages to be awarded in a wrongful death lawsuit, the family member must prove that he or she has been negatively affected by the loss of the decedant. For example, the wife of a man killed on the job can pursue a wrongful death lawsuit because she will no longer benefit from wages earned by the victim. Her lifestyle was decreased by the loss of the victim, and therefore she is entitled to damages.
What circumstances might surround a wrongful death lawsuit?
Wrongful death lawsuits are often filed after one of the following results in a death:
– Medical Malpractice
– Automobile or Plane Accident
– On-the-Job Deaths
– Supervised Activities
– Food Poisoning
– Use of Toxic Products (not advertised as toxic)
– Exposure to Hazardous Substances (when not properly advised)
This is by no means a complete list of circumstances, and every wrongful death is different.
What are the recoverable damages from a wrongful death lawsuit?
When awarding damages, the judge will examine the exact details of the case and award what he or she thinks is “reasonable compensation” for the family members’ loss. This is often called “restitution.” The following damages are common in these types of cases:
– Loss of support (i.e. wages, benefits, etc.)
– Loss of service (i.e. parental care)
– Lost Prospect of Inheritance
– Medical Expenses
– Funeral Expenses
– Interest from Date of Death
The judge is also capable of adding further pecuniary (financial) damages depending on the circumstances of the individual case.
How can expert testimony help a wrongful death case?
It is now admissable in court for expert testimony to be given concerning the exact value of a decedant to his or her family. The expert witness can be an economist, a lawyer or any other professional capable of determing the value of service or provision.
This is especially helpful in the case of the death of a housewife. Since she did not work outside of the home, her family did not suffer a monetary loss from wages, but a loss of service. She might not have brought in additional income, but her place in the household was still substantial, and her family can recover damages in the case of a wrongful death. The expert testimony can define her contribution to the household and recommend pecuniary damages.
What are survival actions?
In many cases, the decedant involved in a wrongful death lawsuit did not die right away, but suffered consciously before death. This can add to the pecuniary damages recovered by the family.
For example, a 28-year-old man died four years ago after a work-related accident. He initially suffered the loss of his left leg, then died three weeks later from secondary infections. His family was able to recover a significant amount of money not only for his death, but also for the three weeks of suffering he incurred following the accident.
Where can family members obtain legal counsel?
The best legal counsel that bereft family members can obtain is from personal injury attorneys. These professionals are experienced with wrongful death lawsuits, and can advise family members on how to proceed. If you don’t know of any attorneys in your area, consult Lawyers.com for a list of attorneys near your home.
