What conditions need to be present to be considered a wrongful death?
If a person dies due to another party’s action or inaction, then the death could be considered wrongful. Wrongful death can be the act of a single person or of a corporation such as a drug company. The law provides for the compensation of the survivors when a wrongful death occurs, just as it provides for the compensation of a victim who has been injured by similar misconduct. This area of tort law is governed by statute and varies from state to state, but in general, they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages. It is recommended to talk with an attorney if you have any questions about a potential wrongful death situation, contacting us is a good first step.
Is wrongful death always just the fault of a single person?
Wrongful death can be the act of a single person or of a corporation. This area of law is governed by statue and varies from state to state so it is advisable to talk with a qualified, experienced attorney familiar with these type of cases. If you believe the death of a loved one was caused by the acts of a corporation or other commercial entity, then you absolutely must get the help of a personal injury attorney qualified to handle wrongful death claims. Fellerman & Ciarimboli have extensive experience in wrongful death cases.
Do I need an attorney?
If you have experienced the death of a family member or loved one, an attorney can help you pursue and collect financial compensation for:
- The loss of companionship
- The amount of money earned by the deceased
- Medical and funeral expenses
- Mental anguish and suffering
- The financial value of the services the deceased would have provided for their child’s education and maintenance
- Punitive damages
How does a court determine what a person’s future earnings would have been?
A life expectancy table is used to accurately estimate the future earning potential of the deceased. The estimated earnings at the time of death are multiplied by the number of expected remaining years of earning, up until the age of retirement. Retirement benefits are determined in accordance with a life expectancy table. Once a number has been deduced, it is reduced to equal the amount it would be if the money were conservatively invested.