Wrongful Death
When one persons' intentional act or negligent actions result in the death of another, a wrongful death has occurred. The spouse, children, or parents of the deceased may bring lawsuits for wrongful death against the wrongdoers to compensate for the loss of wages or other support they would have received had the person lived.
A plaintiff in a wrongful death suit does not have to prove that he or she was completely dependant on the deceased for support, but only that the death results in a financial loss. For example, a woman whose husband dies in an automobile accident may have her own means of support, such as a job or an inheritance, but if she can show that her husbands' income was put into a joint account, and shared by them equally., she can recover that loss. To help determine the potential income, the court will hear expert testimony from economists and statisticians.
In addition, some states, for example, Iowa, Missouri, Oklahoma, and Pennsylvania, allow the surviving spouse and children of a wrongful death victim to sue for compensatory damages for the pain and suffering they experience as a result of their loved one's death. Other states may allow the survivors to sue for the pain and suffering of the deceased.
Courts do not allow one member of a family to sue another for wrongful death. In common law, a government is also immune from wrongful death suits although many states allow suits against the state government. Employers can be sued for causing a wrongful death, but their liability is generally limited by workers' compensation laws.
Wrongful death suits are usually taken on a contingency basis, that is, the lawyer will take the case for a percentage of the damages awarded. But first the lawyer will determine whether the defendant has assets or liability insurance that he can use to pay any damages the court may order. Some people who are responsible for wrongful death are judgment-proof; that is, they have no assets or insurance that can be used to pay compensation.
If you would like to talk with a representative about a wrongful death, please fill in the form below, or dial (208) 375-9392, toll-free 1-800-INJURED.
