One of the most tragic events in life is the death of a loved one, particularly when it could have been avoided or was caused by someone else’s conduct or carelessness. In addition to the emotional devastation that results from wrongful death, the decedent often leaves behind family who relied upon him or her to provide for them and friends with an emptiness in their lives.
Wrongful death occurs when a person is killed because of negligence, misconduct, recklessness, or inaction of another person, company, or entity. The term covers a wide variety of incident types, including automobile accidents, slip and fall injuries, worker’s compensation injuries, maritime accidents, product defects, medical malpractice, and intentional torts such as assault and battery.
Although the incidents vary, the injuries are so serious that they result in loss of life to the injured party. The claim is brought in a civil action, usually by the executor or administrator of the decedent’s estate or a relative acting as an administrator. Contrary to what many persons might believe, the recovery is distributed to the decedent’s close relatives, as specified by statutory law, not by intestate succession or pursuant to the terms of the decedent’s will.
As with any personal injuries claim there is a statute of limitations for a wrongful death action. The statute of limitations begin when a connection between the decedent's death and the cause of the death is discovered by the party bringing the suit. Another way to start the limitation period is to appoint a personal representative. There are exceptions to limitations when the decedent's death is a result of a disease caused by toxic or hazardous substances.
Damages which are recovered during a wrongful death action are measured by pecuniary injuries. These injuries can include loss of support, services, lost prospect of inheritance, and medical or funeral expenses. Pecuniary damages are determined by the age, character and condition of the decedent, earning capacity, life expectancy, heath, and intelligence. Punitive damages which are awarded to punish the wrongdoer are not recoverable in a wrongful death action in most states.
Because of the severity of a wrongful death case and many complex issues surrounding it, decisive action by an experienced attorney is necessary for a successful and significant recovery. Our wrongful death attorneys have handled and litigated many wrongful death cases and made significant recoveries on behalf of the loved ones left behind from these senseless tragedies. If you are personally affected by a wrongful death, contact the law firm of Rutter Mills - where personal injuries get personal attention.