Wrongful Death Frequently Asked Questions

Q: Do all states have the same laws on wrongful death?

A: No. Each state makes its own laws. Often times, in wrongful death cases, you have a choice of where you want to file so you’ll want to examine the law in both states or seek legal advice. Filing in one state over another can totally change the outcome of your case in that you may have more time to file your case or may be able to recover a greater amount.

Q: Can a person recover punitive damages in a wrongful death case?

A: Punitive damages are penalties against the other side which require them to pay more money. However, in most states, to recover for punitive damages, you have to show that a person was reckless. Some states will allow recovery of punitive damages.

Q: What if a person dies before bringing a personal injury lawsuit?

A: There are usually two options. If a person dies as a result of the personal injury, then his or her heirs may be able to bring a wrongful death lawsuit. If the person dies of other causes, not related to the injury, then the heirs can usually file the personal injury claim on behalf of the deceased person’s estate. There are statutes of limitations to be mindful of when filing personal injury suits, so contact an attorney for more information.

Q: Once a person dies, can someone else sue and recover the for the deceased person’s pain and suffering?

A: Usually not. Pain and suffering typically compensates the person that actually went through the pain and suffering. However, some states will allow pain and suffering in a wrongful death suit. In order to recover for pain and suffering in a wrongful death suit, the person that died must have experience it.

Q: If a child or elderly person dies, can a parent or family member bring a wrongful death claim for the loss of their life?

A: Yes. Although, the monetary damages received from this type of lawsuit may be considerably lower than if the parent or caregiver dies.