Wrongful Death I Frequently Asked Questions

I. General Information about Wrongful Death
A. What to do if there is a possibility of a wrongful death
B. When questions arise about a death
C. The Discovery Rule and Time Limitations

II. Wrongful Death Categories
A. Medical Malpractice
B. Transportation Accidents
C. Occupational
D. Other

III. Compensation
A. Medical Charges/Funeral Expenses
B. Loss of Wages
C. Loss of Support
D. Loss of Parental Guidance
E. Loss of Potential Inheritance
F. Punitive Damages
G. Multiple Defendants
H. Jury Adjustments
J. Other Reductions

IV. Death of the Elderly, Children, or Unborn Children
A. Elderly
B. Children
C. Unborn Children

V. Expert Testimony

VI. Why Hire a Wrongful Death Lawyer-How Do I Choose
      The Best One For Me?




______________________________________________________

Death of the Elderly, Children, or Unborn Children

Courts and juries are obligated to determine a price on human life in wrongful death cases. The death of children and the elderly complicate the resolution of financial compensation for a jury. Due to the variations in ages, potentials and more, assistance from a knowledgeable wrongful death attorney will assist in estimating the damages that may be received when bringing a wrongful death action based on the death of a child or an elderly person.

Elderly

The death of an elderly person has limited recovery potential and modest awards. Two main reasons apply in this situation. The first is that their earning potential is not considered to be significant; their children are usually adults with their own means of income. The other reason is that since their children are adults, they are not in as much need of emotional support and guidance from their parents as young children would be.

Children

The wrongful death of a child conveys even more factors in determining an adequate damage award than an adult. The jury has to review the child's age, sex, and health status as well as their habits and earning potential. Juries also see the relationship a child had with the parents or guardians as well as the health and circumstances of the parents or guardians when determining pecuniary (financial) loss. Other items the jury need to consider is the potential for contributing to the parents' support and how long they may have lived until a natural death. All of these factors confound the issues in a jury's determination even more so with extremely young children. Some speculation is required, yet the courts have varying rules in determining awards. Deciphering these rules is time consuming and qualified wrongful death attorneys have already done this to better assist their clients.

Unborn Children

Many call unborn children fetuses. Expectant parents are usually looking forward to the new addition, craving the joy of taking care of their child. Many laws do not consider a "fetus" a human being until it takes it first breath, and wrongful death may not occur before this. When the death of an unborn child may be a wrongful death, seeking the advice of a wrongful death lawyer to seek out the laws in the state you are in is advisable.

Expert Testimony

Expert testimony in wrongful death cases is mainly that of economists to ascertain the financial value of the victim to the family. This would include that of future income of students and younger people, as well as housewives. The monetary value of all of the services that the housewife (or domestic engineer), would include that of babysitting, maid service, cook, secretary, transportation specialist and more. This does not reflect a loss of income; it stresses the additional costs to continue all of the same services provided by the homemaker. Additional expert testimony is required in medical malpractice wrongful death cases.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

Copyright © MMVII JAKOBIE