What is a wrongful death lawsuit? Top

Commonly, a wrongful death is a death caused by another's negligence, recklessness, malpractice, or inaction. A pedestrian killed by a drunk driver, a child struck and killed by a careless teenage motorist are two examples of wrongful deaths. In such cases, the families of the deceased can file wrongful death personal injury lawsuits on their loved ones' behalves. These civil lawsuits, which do not bear any criminal charges, help families recover damages for pain and suffering, lost wages, mental anguish, loss of companionship, medical costs, and other expenses. If you have lost a loved one to wrongful death, you may be eligible for a monetary recovery. Wrongful death cases require a skilled staff with years of experience investigating these cases. Since 1936, the law offices of Keller and Keller have been aggressively representing clients and their wrongful death cases.

What kinds of compensation are recoverable? Top

The following types of damages are considered in a wrongful death case.

• Sorrow, mental anguish which includes loss of companionship, comfort and guidance;
• The expected loss in income of the person who died;
• The expected loss of services, protection, care, and/or assistance which the person that died provided to the survivors/beneficiaries;
• Immediate expenses associated with the death (funeral and burial);
• Loss of victim's anticipated earnings in the future until time of retirement or death;
• Loss of benefits caused by the victim's death (pension, medical coverage, etc.);
• Pain and suffering, or mental anguish to the survivors;
• Loss of care, protection, companionship to the survivors;
• General damages; and
  
  Expenses for the care, treatment, and hospitalization of the person who died related to the injury resulting to death.

In times of grief it is obviously difficult for family members to understand the importance of a prompt investigation of the circumstances of death, preservation of evidence and identification of responsible parties.

• If you are the spouse, child, or parent of someone you believe to have died as a result of negligence by another person, our law firm can help you. Although no amount of money can compensate a family for the loss of a loved one, the law recognizes the loss to the family members and provides redress to protect the spouse, children and parents of the deceased.

Some states may prohibit some of the preceding damages. Keller and Keller will discuss your specific circumstances to determine what form of recovery is available to you.

When are punitive damages available? Top

Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it is proved that the defendant's conduct which caused the victim's death was intentional, malicious, or egregious (or whatever terms are used in your jurisdiction to define exceptionally bad conduct).

There is currently a movement in many states to limit, restrict, or abolish punitive damages. Again, you should speak with the law offices of Keller and Keller at your earliest opportunity if you decide you want to file this type of claim.

How are future damages calculated? Top

Many states have adopted life expectancy tables for use in calculating future losses. It is common to take the victim's earnings at the time of their death and calculate the remaining years until retirement or expected death to figure future loss of earnings. Life expectancy table are also used to calculate loss of benefits, such as the amount of pension benefits which would have been available had the victim lived.

Since a settlement of the trial verdict is calculated at one time, the amount of damages to the plaintiffs must include not only damages until the time of settlement or verdict, but also those which reasonably would have been incurred in the future. However, to avoid overcompensating a plaintiff it is common to reduce future losses to present value, The amount of future damages will be calculated, then reduced to an amount that will equal the full amount if it is conservatively invested. As with life expectancy tables, many states have codified how future damages are reduced to present value.

Statutes of Limitations for Wrongful Death Lawsuits Top

Every wrongful death lawsuit is subject to a statute of limitations. Statutes of limitations cap the amount of time that a person who has lost a loved one to wrongful death has to initiate a lawsuit. Generally, family members are allowed between one and three years (depending on the state) from the time of death to file a claim. If they fail to observe the statutes of limitations, their claims may be barred forever.

Keep in mind, though, that there are exceptions. For example, if the death was originally deemed an accident rather than the result of someone else's negligence or malice, the statute of limitations will be adjusted so that it takes effect when the true cause was discovered rather than at the time of death.

What types of damages may be recovered in a wrongful death case? Top

Recovery by parents:
Parents may recover for the loss of companionship and society of their child as well as for mental anguish caused by the death of their child.

If the decedent was a minor child, the parents may recover the value of the child's services from the time of death until the date the child would have reached the age of majority, less the cost of the child's support, education, and maintenance during the period of minority, plus the value of any financial contributions that the child in reasonable probability would have made to the parents after the child reached the age of 18.

The parents of an adult child may generally recover the value of future financial contributions that the deceased child in reasonable probability could have been expected to make to the parent.

Recovery by spouse:
A surviving spouse may recover damages for loss of companionship and mental anguish caused by the death of his or her spouse. The surviving spouse may also recover financial contributions that he or she would have received in reasonable probability, as well as the financial value of intangible services that the deceased spouse would have rendered in reasonable probability.

Recovery by Child:
A surviving child may recover damages for the loss of companionship and mental anguish caused by the death of his or her parent.

A minor child of a decedent may also recover the sum that the decedent would reasonably and probably have contributed to the maintenance of the child and the value of the services that the decedent in reasonable probability would have rendered in training, advising and educating the child.

Adult children may also recover the sum that the decedent would reasonably and probably have contributed to the child.

Other Damages: In certain cases, claimants may also be entitled to damages for loss of inheritance as well as punitive damages.

How long will a wrongful death case take? Top

There is simply no easy answer to this question. The vast majority of all cases, including 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. A wrongful death case, if litigated to trial, could last a number of years. One who pursues a wrongful death case should understand from the outset that a quick resolution cannot be guaranteed. The law offices of Keller and Keller will always provide updates to your case and ensure that you are made aware of all notable progress in your case.

What if I am told by an attorney that I do not have a good case? Top

Determining whether or not one has a "good case" is not an exact science. Because such determinations involve the professional judgment (based upon many factors and considerations) of experts and attorneys, it is recommended that you seek a "second opinion" from one or more qualified attorneys if told that your case is without merit. The law offices of Keller and Keller encourage you to contact our offices if you have been turned away by another attorney.

Can the heirs hire separate attorneys? Top

Yes, the individual heirs can retain separate attorneys which is sometimes necessary in cases in which the heirs are hostile to each other; however, even in this situation, the heirs should limit their hostility because it will ultimately driving down the entire value of the case.

In a case with multiple heirs, how are damages divided? Top

If an agreement is not reached among the next-of-kin, a Court can make an apportionment.

Are all state laws the same regarding wrongful death? Top

No, there are many differences between each state's wrongful death laws. Determining the state in which you should bring a wrongful death action is a very important decision, because some states do not allow certain types of damage awards and/or may have different statutes of limitation that establish the timeframe within which you must file suit.

Is technology important to my case? Top

Technology is invaluable to the pace of modern society, and this proves no less true in the business of personal injury. The law offices of Keller and Keller uses a highly advanced case management system to track deadlines and to provide reminders, as well as document damages, witnesses, and valuable case data. Our staff is adept at researching the internet and making use of technologies to effectively investigate and validate your claim. Our use of mobile computers can carry images of massive numbers of documents and depositions that are available to us and our clients during those times we are called away from the office. During trial the laptop and digital projector can be used to present video depositions, exhibits and visual aides to assist the jury in understanding often complex and technical issues. Generally, the more complex the case and the more serious the damages, the more technology can be used to maximize the odds of your case prevailing over the insurance company's defense. When you hire the law offices of Keller and Keller, you are ensured that our firm has the necessary technology to present your case in the most effective way possible.

If your loved one was victim to a wrongful death, the law offices of Keller and Keller are available to you for a free, confidential consultation with an attorney from our firm who is experienced in handling personal injury claims. You can either contact us by phone at 1-800-2KELLER or through the use of our Free Case Evaluation submission form below.

Should you decide to retain our services after the initial consultation, we will work on a contingent fee basis. This means that our offices will only be paid for our services once we make a recovery on your behalf from the insurance company.