The Law Offices Of Roderick C. White

A Wrongful Death occurs when a person's death is caused by the wrongful actions or negligence of another. The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support. A wrongful death action can be brought against the party or parties who caused the wrongful death. The lawsuit may be maintained on behalf of the members of the family who have lost the company and support of the deceased. For example, a child might be entitled to compensation for the personal loss of a father through wrongful death as well as the amount of financial support the child would have received from the deceased parent while the parent was still alive. A wife could recover damages for loss of her husband's love and companionship and a lifetime of expected support. However, a parent's recovery would be limited to damages for loss of companionship but not support.

Common causes for wrongful death lawsuits include the following:

A motor vehicle/trucking accident
Defective automobile, tractor
A negligent or reckless act by another person
An intentional act such as murder, assault and/or battery
A death in the course of another crime
A death during a medical operation, the negligence of a doctor, hospital or nursing home
Defective drugs or medication
A company's negligence in the enforcement of safety regulations
Faulty equipment or tools
A property owner who fails to meet safety regulations

Wrongful death survivors can usually sue for medical bills paid for the care of the person who was injured as well as for burial expenses incurred after a wrongful death. However, because the idea is that survivors whom have been injured by the absence of the person who died due to wrongful death, determining the amount of wrongful death damages requires consideration of what probably would have occurred in the future. Accordingly, the following damages may also be recovered in a wrongful death action:

Loss of victim's anticipated earnings in the future until time of retirement or natural death
Loss of benefits caused by the victim's death (pension, medical coverage, etc.)
Loss of inheritance caused by the untimely death
Pain and suffering, or mental anguish to the survivors
Loss of care, protection, companionship to the survivors
General and punitive damages

Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it is proved that the defendant's conduct, which caused the victim's death, was intentional, malicious, or egregious.

There is a statute of limitations, which defines the time frame during which a wrongful death lawsuit must be filed. The statute of limitations is the time period fixed by law within which a lawsuit must be commenced. The time usually runs from the time of the victim's death but under certain circumstances a lawsuit initiated beyond the statute of limitations may be allowed to proceed if the act which caused the death was not discovered until later. For example, the time frame to file a lawsuit may run from the date the family discovers the treating doctor's negligence, rather than the date of the victim's death.

A claim, even a valid claim, may be denied if it is filed after the statute of limitations has run. If you believe that you may have a valid claim for wrongful death, it is important that you speak with a qualified attorney at your earliest opportunity to preserve your rights. In addition to protecting your claim in court, early action may also help preserve evidence, or locate witnesses, that may be needed to win your case.

If you think you may have a wrongful death case you need to gather all the information that you can concerning the events and all parties involved. Obtain a death certificate and a copy of the incident or accident report (if any). Do not speak with their insurance company or their representatives or sign ANYTHING pertaining to the case. Contact us immediately for legal advice!

And don't worry about attorney fees, court costs, or other litigation expenses because we generally advance all money needed to pursue the case and agree to take a percentage of the monetary recovery ultimately obtained for you as a result of negotiation or trial. Furthermore, we get nothing unless we obtain a monetary recovery for you.