Wrongful Death Information Page
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"Wrongful death" is death caused by another person's carelessness or negligence. If your spouse or family member has been killed under such circumstances, you may have grounds to sue for monetary compensation. Please contact us for an evaluation of your claim.
Wrongful Death Resource Links
National Institute for Occupational Safety and Health (NIOSH)
This governmental agency, part of the Centers for Disease Control (CDC), provides comprehensive information on workplace safety and health.
Occupational Safety and Health Administration (OSHA)
OSHA, part of the US Department of Labor, protects US employees by proposing and enforcing workplace safety and health measures.
How to Deal with Grief
The Substance Abuse and Mental Health Services Administration (SAMHSA) discusses the feelings that accompany grief and how to manage them.
Environmental Health
The CDC offers numerous links to information on how environmental factors like hazardous waste, carbon monoxide and asbestos can affect your health.
Consumer Product Safety Commission (CPSC)
This governmental agency provides information on recalled, potentially dangerous products and offers safety tips for the home.
Helping People in Wrongful Death Claims in Delaware
Nothing can ever replace the life of a loved one tragically killed in an accident. What a wrongful death claim can do is to provide you with the financial compensation you need to cope with the economic losses associated with a fatal accident. Whether a loved one has been killed in a car accident, truck accident or other type of horrific accident, you should speak to an attorney at the Wilmington, Delaware, law firm of Kenneth R. Schuster & Associates. We have been representing the families of people killed in a fatal accident throughout Delaware for over 25 years. If you have questions and want to speak to an experienced lawyer, contact us for a free initial consultation.
At the law firm of Kenneth R. Schuster & Associates, we have office locations in Wilmington, Smyrna and Milford, Delaware, as well as in Media, Pennsylvania.
Wrongful Death - An Overview
Losing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. If someone's wrongful actions caused injuries that resulted in your loved one's death, that is a wrongful death. At common law, there was no legal action that surviving family members could take. That changed, however, when governments began to make laws protecting survivors. Now, in every state in the US, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages. The laws, however, vary quite a bit from state to state, so consulting with an attorney from Kenneth R. Schuster & Associates, P.C. in Media, Pennsylvania, is advisable.
Monetary Damages for Wrongful Death
The main method courts have for measuring loss in wrongful death lawsuits is pecuniary damages — that is, the court must determine the proper compensation for the financial loss that the death has caused. Though this may seem harsh or cold, money damages are the remedy that civil courts have at their disposal. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:
- How much money did the deceased earn?
- How much money did the deceased save?
- How financially dependent were the survivors on the deceased?
The court will also take into consideration:
- Funeral expenses
- Medical expenses
The wrongful death lawsuit is meant to compensate certain surviving family members, not necessarily to punish the party responsible for the death. Punitive damages are available, however, in some states when the actions of the defendant were reckless or malicious.
Factors in Determining Economic Loss
Courts look at a number of elements when they determine the level of financial loss the plaintiff in a wrongful death lawsuit has suffered. Most of the considerations take into account characteristics of the person who has passed away:
- Earning potential
- Health
- Life expectancy
- Assets
Courts assess these factors when considering the financial dependence of the plaintiff on the deceased.
Some activities that might not seem economic at first glance can be characterized as such by the court. This is because it would cost money to have someone besides the deceased perform the activities. They include:
- Child care
- Housekeeping
- Assistance with family member's medical or daily living needs
The plaintiff may wish to use expert testimony to establish the amount of loss.
Factors in Determining Emotional Loss
Not all of the emotional harm suffered by the plaintiff can be compensated by the court. Some aspects of what the decedent contributed to the family, however, are "calculated" by the court:
- Parental guidance
- Companionship
- Affection
In making this determination, the court will look at the strength of the relationship between the plaintiff and the decedent. The weight the court gives this type of loss changes based on the particular state's laws.
Survival Action for the Injuries of the Deceased
Some courts will allow the plaintiff to sue for injuries sustained by the person who died. This is called a "survival action" because the legal claim survives after the injured person's death. This claim could be presented at the same time as the wrongful death lawsuit. If this is allowed, the plaintiff may need to show that the injured person was aware of and emotionally affected by the injuries before passing away.
Contact an Attorney
Each state has a rule — a statute of limitations — about how long a plaintiff has to file a wrongful death claim. After that time has elapsed, it is too late to take legal action. It is therefore important to speak with an attorney from Kenneth R. Schuster & Associates, P.C. in Media, Pennsylvania, about your rights and options soon.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
