QUESTION: What if a death occurs before bringing a personal injury lawsuit?
ANSWER: In any case, if the person filing the Personal Injury lawsuit dies, the case may continue. Their Personal Injury attorney will assist in making the appropriate changes to complete the suit, as often it is the heirs or executor of the deceased’s estate that receive the amount awarded through a wrongful death action.
QUESTION: May punitive damages be requested in wrongful death cases?
ANSWER: No and yes. Most states do not allow punitive damages in a wrongful death suit, yet there are some states that do have specific statues that permit this.
QUESTION: Do all states have the same laws for wrongful death suits?
ANSWER: No, differences between each state’s wrongful death laws are substantial. Your wrongful death attorney will assist you in determining the state you should bring your wrongful death action in. Some states do not allow specific types of damages and may have dissimilar statutes of limitations within which you must file suit.
QUESTION: What if the person never held a job?
ANSWER: Yes, there are other ways the person may have contributed to the family. For example, a spouse that is not employed outside of the home performs numerous duties such as cleaning, cooking, babysitting and other services, as well as the loss of guidance and nurturing of their family.
QUESTION: May pain and suffering of a deceased be sued for?
ANSWER: Yes, damages for the pain and suffering experienced prior to passing away, in addition to the wrongful death, may also be recovered.
QUESTION: May wrongful death actions be filed in cases of children or the elderly?
ANSWER: Yes, although damages may be sought in a wrongful death of children or the elderly, the damage awards are usually modest in both of these cases.