Who may file a wrongful death case?

A wrongful death lawsuit may be brought by a surviving spouse and children. If there is neither a surviving spouse nor surviving children, the parents of the decedent may pursue the wrongful death lawsuit.

What is a wrongful death lawsuit?

Wrongful death lawsuits refer to a cause of action that may be brought by certain family members of a decedent whose death was caused by the wrongful conduct of another. The wrongful act that resulted in death may have been negligent or intentional.

What kinds of damages are recoverable in wrongful death cases?

Wrongful death lawsuits allow the following to be recovered:

• Medical Expenses
• Funeral Expenses
• Loss of inheritance
• Loss of victim's anticipated earnings
• Loss of victim's medical and retirement benefits
• Pain and suffering of the survivors
• The loss of care and companionship to the survivors.

Can someone sue for the pain and suffering of a decedent?

Yes. In addition to the wrongful death, a decedent's family may recover damages for the pain and suffering that the decedent had prior to death.

What is the first step in pursuing a wrongful death claim?

Given that wrongful death lawsuits generally involve a variety of complex legal issues, the first step is to contact a Pittsburgh wrongful death attorney. A wrongful death attorney should be consulted as soon as possible because there are statutes of limitations that may impact the case.

What is the difference between the criminal and civil lawsuits that can be brought regarding the wrongful death?

A criminal case arises when the government seeks to punish an individual for an act that has been classified as a crime. A civil case, on the other hand, usually has to do with a dispute over the rights and duties that all of us legally owe to each other. The penalty imposed in a criminal case could be fines and jail time, whereas, in a civil case, the defendant will typically have a monetary damages.

How long will my wrongful death case last?

A majority of wrongful death cases are settled prior to trial. Some cases are settled prior to the filing of a lawsuit, while others are settled during litigation or just before trial. A wrongful death case, if litigated to trial, could last a number of years. One who pursues a wrongful death case should understand that a quick resolution cannot be guaranteed.