Wrongful Death FAQ

You may be entitled to receive monetary compensation to cover medical costs, loss of companionship, lost wages and emotional and physical pain for wrongful death, if there was negligent behavior, carelessness, recklessness, irresponsibility or intentional misconduct of another person or company has caused the death of a family member. If your questions are not listed below, please contact the experienced wrongful death attorneys of Holland & Lamoureux at (866) 225-4907 for a free initial consultation. Our professional and aggressive representation will enable you to focus on recovering from your loss while we focus on justice and protecting your rights.

Frequently Asked Questions

What is a “wrongful death?”

A wrongful death is an unnecessary death that has been caused by the negligence of another person or company. Examples of wrongful death include those caused by a drunk, reckless or careless driver, an intentional act such as a deliberate murder, deaths caused by the manufacture of an unsafe, defective or dangerous product, or even deaths caused by a physician failing to diagnose a treatable disease.

What is the first step in pursuing a wrongful death claim?

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

Who can file a wrongful death case?

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.

What about the wrongful death of a child or an elderly person?

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.

What if the deceased never held a job?

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.

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 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.

What damages might I expect to recover in a wrongful death lawsuit?

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 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.

How much does an attorney evaluation cost in a wrongful death case?

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.

If you have a question that was not covered in the above Frequently Asked Questions or if your question was not fully answered, call or contact us today for additional information.

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