A wrongful death lawsuit can arise from many situations, include medical malpractice, workplace accidents, and motor vehicle accidents. Wrongful death cases include two different types of claims.
WRONGFUL DEATH: This cause of action is brought on behalf of the deceased's survivors who have suffered a financial loss as a consequence of the wrongful death. Generally, this includes a surviving spouse, children, and/or parents.
SURVIVAL: This cause of action is brought on behalf of the deceased's estate to recover compensation for the deceased's conscious pain and suffering between the time of injury and death. This type of action would be brought by the estate of the deceased.
WHEN MUST A CLAIM BE BROUGHT?
A wrongful death claim must be filed within two years of the death.
HOW IS A WRONGFUL DEATH RECOVERY ESTABLISHED?
A wrongful death claim requires a showing that the deceased's death was caused by the wrongful or negligent conduct of another. It requires proof similar to a personal injury claim in the sense of proving the other party's negligence or wrongdoing. The defendant sometimes claims that the deceased's own conduct contributed to his or her death and any recovery should be reduced in proportion to this degree of fault. This type of claim could reduce or eliminate the compensation that could be recovered.
A survival claim for pain and suffering requires showing that the deceased was conscious for a period, however brief, between injury and death. The severity of the injuries and duration of the pain and suffering are among factors considered.
If someone close to you has died as a result of negligence or wrongdoing of another person, call Nobles & DeCarolis (585) 546-1260.
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(personal injury cases only)