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?



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Loss of Potential Inheritance

When someone passes away, depending on their age, a loss of potential inheritance occurs in regard to their children and spouse. States vary in the acceptance of this as reason for additional compensation in wrongful death lawsuits, experienced wrongful death attorneys would be able to assist in the possibility of including compensation for this.

Punitive Damages

When serious or malicious wrongful deaths occur, punitive damages may be sought by the victim's survivors to discourage others from behaving in the same way. Most states do not allow this in wrongful death cases. Several states do have specific statutes allowing this, and other states have no statutes. Where there are not any statutes, most courts allow punitive damages. To determine if your state allows this type of compensation, it is advisable to ask your wrongful death attorney before the suit is filed.

Multiple Defendants

When several parties are named responsible in a wrongful death action, one or more may want to settle out of court before the case goes to trial. They do this to avoid publicity showing they were responsible for a wrongful death. If one or more defendants are allowed to settle out of court by the plaintiff, this may cause lower recovery amounts from the other defendants by the jury. The amount settled on with others may also be deducted from the amount named by the jury. There are also other repercussions from allowing one or more defendants to settle while proceeding to trial with others. Experienced wrongful death attorneys are capable of discerning the consequences and attributes of allowing defendants to settle out of court. The other defendants have the burden of proof in such payments to lower the amount they may have to pay.

Jury Adjustments

Once all the evidence has been presented, the jury will determine the amount of the damages, if any, to be given to the plaintiff. This amount may be adjusted by the court for several reasons. The amount the victim of wrongful death gave to his or her family is considered a major factor. If most of the income went for family support, that amount may be recoverable, yet if the victim wasted income and did not support the family, the jury's amount may be reduced. If the victim had been unemployed, and the average amount of normal earnings was presented in evidence, the wages may be recoverable. If the victim had been unemployed and the average earnings were not presented, the court may order a new trial.

Medical malpractice wrongful death cases have additional conditions that will reduce the judgment awarded by a jury. Collateral sources of income left by the victim, such as Social Security, result in mandatory reduction as well as a deduction for payment of medical insurance premiums for two years prior as well as the projected cost of the payments until the estimated time of a natural death.

If the victim was a public employee and the public employer is a defendant in the wrongful death case, all death and other benefits given to the employee are deductible by the court. These include paid sick leave, disability retirement allowances, medical benefits, dependent and death benefits. Social Security, with the exception of those under title XVIII of the Social Security Act, is also deductible.

Also in the case of public employees that include their public employer as a defendant, if it is found that there are other collateral sources provided by a lien (or liens) against the recovery by that collateral source, any payments by the plaintiff for this benefit may also be deductible. The complexity of the statutes such as this example show the benefits of obtaining an experienced wrongful death attorney as soon as possible to explain and assist with the details needed in each individual wrongful death case.

Other reductions

When final amounts are calculated, the law takes into consideration any other payments from "collateral sources". These include insurance payments (other than life insurance), worker's compensation, employee benefit programs and Social Security. There are only two situations where this is appropriate. The first is in a medical malpractice lawsuit and the other is when heirs of a public employee are suing his or her employer or a fellow worker in a wrongful death or personal injury case.

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.

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