Wrongful Death FAQs
What is a wrongful death?
A wrongful death is a fatality that is caused by the negligence or misconduct of an individual or company.
Who are considered the survivors of a victim of wrongful death?
The survivors of a wrongful death victim may vary from state to state, but in general usually include the spouse and minor children.
Who can file a wrongful death claim?
This depends on individual state law, but in general the immediate family members such as spouses, children, and parents can file a wrongful death claim. Some states even allow grandparents, legal dependants, and extended family members to file.
When someone dies, what is the difference between the criminal and civil cases that can be brought regarding the death?
A criminal case arises when the government seeks to punish an individual for a criminal act. A civil case has to do with a dispute over the rights and duties that individuals and organizations legally owe to each other.
When must a wrongful death lawsuit be filed?
Every state has its own 'statute of limitation,' which is the maximum allowable time in which to file. In Oklahoma a wrongful death claim must be filed within 2 years of the date of death. After this time a claim may possibly be denied. It is important that you speak with an Oklahoma personal injury lawyer as soon as possible to insure your rights.
Are all state laws the same regarding wrongful deaths?
No. There are several differences between each state's wrongful death laws. Determining the state in which you should bring a wrongful death action is a very important decision, because some states do not allow certain types of damage awards.
What if a person dies before bringing a personal injury lawsuit?
It depends on whether a person dies as a result of the injuries or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person's family may recover money through a lawsuit. If a person with a personal injury claim dies from an unrelated cause, the claim survives in most cases and may be brought by the executor or personal representative of the person's estate.
What if an unborn fetus dies?
Many states require that a child must be born alive for its death to constitute the first element of a wrongful death action, so the death of a fetus may not be actionable.
Are punitive damages recoverable in wrongful death lawsuits?
In most states, a plaintiff may not recover punitive damages in a wrongful death action. However, there are some states that do have specific statues that permit recovery of punitive damages.
Can I bring a wrongful death action if the deceased never held a job?
Yes. Even if the decedent never held a job, he or she may have contributed in some other way to the family. An example is a deceased housewife, who contributed services, guidance and nurturing to her family. These family contributions are quantifiable as "pecuniary losses" in a wrongful death action.
Can someone sue for the pain and suffering of a decedent?
Yes. In addition to the wrongful death, a decedent's family may recover damages for the pain and suffering that the decedent endured prior to death.
Can I bring a wrongful death action based on the death of a child or an elderly person?
Yes. You can recover damages in a wrongful death action for the death of either a child or an elderly person.
More articles:
|
