Wrongful Death FAQ’s

The first step is to contact an attorney because wrongful death claims and survival actions generally involve a variety of complex legal issues.

The state defines the representative allowed to bring a wrongful death suit. It may be only a spouse and children, or grandparents or other relatives may also be allowed to bring a lawsuit. Some states have enacted restrictions on filing when one family member would be suing another family member for the wrongful death of a third family member. Call the wrongful death attorneys of Holland & Lamoureaux to see if you qualify to file.

Yes, you can recover damages in a wrongful death cause of action for either a child or an elderly person. For a variety of reasons, however, the damage awards for both decedents are usually modest.

If the deceased never held a job, they may have contributed in some other way to the family. A good example is a housewife who contributed services, guidance, and nurturing to her family. These contributions are quantifiable as “pecuniary losses” in a wrongful death action. Wrongful deaths can also be brought on behalf of children and other family members who were not employed.

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 heirs may recover money through a lawsuit. If a person with a personal injury claim dies from unrelated causes, the claim survives in most cases and may be brought by the executor or personal representative of the deceased person’s estate.

The amount of damages can be a very complicated question. Survivors can usually sue for medical bills paid for the care of the person who was injured, as well as funeral expenses. But because the idea is that the survivors have been injured by the absence of the person who died, determining the amount of damages requires consideration of what probably would have occurred in the future. Assessed damages may include:

• Loss of support.
• An estimate of the deceased person’s future earning capacity.
• Benefits lost from the death, such as insurance, pensions or inheritance.
• Loss of love, companionship, comfort, care, assistance, protection, affection or care suffered by the survivor.
• Punitive damages are intended to punish wrongdoers and prevent them from harming others.

A wrongful death lawyer can help you understand the complex laws that apply to your individual claim.

Nothing! The wrongful death attorneys at Holland & Lamoureaux will evaluate your case free of charge. If we agree to handle your case, you will owe no fees or other costs until we recover money for you.