In a wrongful death lawsuit or claim, what types of damages are recoverable?
These damages are recoverable in a wrongful death claim:
- General damages
- Punitive damages
- Projected loss of victim’s earnings and an assessment of future earnings through retirement
- Loss of any of the following:
- Inheritance caused by the untimely death
- Care, companionship and protection (for the survivor(s))
- Pain and suffering
- Benefits caused by the victim's death (pension, medical coverage, etc.)
Mental anguish
What types of “wrongful death “ scenarios call for filing a claim or lawsuit?
A wrongful death transpires when an individual perishes as a result of malice, negligence or product liability on the part of another. Here are a few examples of wrongful death situations:
- A workplace accident
- Hazardous, faulty manufactured products
- Intentional or malicious violence
- Medical malpractice
In cases of wrongful deaths due to malicious acts of violence, can the offender be prosecuted under criminal law?
Absolutely. An intentional act of violence is recoverable by a wrongful death lawsuit. It is also a prosecutable offense.
Who can sue to recover the damages resulting from a wrongful death?
Damages are recoverable via wrongful death claims. Immediate to close family members including dependents may sue to recover the damages associated with a wrongful death.
In a wrongful death suit, can victims or plaintiffs finance legal services?
While the payment options of each lawyer varies, many attorneys may agree to a “contingency fee” or a percentage of the wrongful death compensation/claim. A contingency fee can be a win-win because if the attorney does not win the case, the client does not have to pay for the services. In general, lawyers negotiate between 20 and 50 percent for contingency fees.
