When it comes to the pursuit of justice after the wrongful death of someone close to you, it's likely that an infinite number of questions will be running through your mind. Although we can't answer all of those questions here, we can focus on two common questions that personal injury attorneys hear from new and current clients.
Can I pursue a wrongful death case if my loved one had a viable personal injury claim, but died before they could file the legal action?
The way to pursue a case like this depends on whether your loved one died from injuries caused by the accident or as a result of other, unrelated reasons. If your loved one died from injuries caused by the accident, close family members might be able to pursue a wrongful death suit.
If your loved one died from unrelated causes, the personal representative of the deceased person's estate might need to pursue a personal injury action to recover the damages that way. The proceeds will later be distributed among the deceased person's heirs.
Can I pursue wrongful death damages even if my loved one didn't have a job or earn an income?
Earning an income isn't the only way to establish that someone was providing value to his or her family. In fact, if your loved one who died in an accident was a stay-at-home parent or homemaker, they probably contributed valuable household services to your family. The value of these services and other contributions might be pursuable in a wrongful death action.
If you have other questions regarding the pursuit of a wrongful death claim, an experienced attorney can help you.