Wrongful Death Litigation
By Aaron Larson
Law Offices of Aaron Larson
October, 2003
In a wrongful death case, the personal representative of the estate of a deceased person is authorized to file a lawsuit against those responsible for the person's death. Liability may arise for both negligent and intentional acts.
The allocation of damages between the decedent's heirs is typically governed by statute, and is typically subject to court oversight. Courts may look to the laws of intestate succession in relation to how damages should be distributed, but are ordinarily free to approve distributions which award damages to certain family members who would not otherwise be legal heirs of the decedent's estate.
One unfortunate aspect of wrongful death cases is that there is sometimes jockeying between relatives to control the personal representative of the estate, such that they get to select the attorney and have greater influence over the distrubution of any award of damages. It can be very disruptive and unpleasant when families seem more concerned about how to divide the award of damages, than they are with the fact that they lost a loved one.
Damages permitted in a wrongful death case typically include:
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Medical, hospital, funeral and burial expenses;
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Compensation for the decedent's pain and suffering, during any period of consciousness between the time of injury and death;
- Losses suffered by the decedent's spouse, children, or next of kin, including:
- loss of financial support
- loss of service
- loss of gifts or other valuable gratuities
- loss of parental training and guidance
- loss of society and companionship
- loss of financial support
If you wish to hire a personal injury lawyer, you may find this article on "How To Hire A Personal Injury Lawyer" to be helpful.
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