Our Manchester Wrongful Death Lawyer Answers Wrongful Death FAQ
Our Manchester wrongful death lawyer is accustomed to being asked questions regarding wrongful death cases. Here are some of the most common questions and answers on this subject:
What Happens If an Individual Dies Before He or She Brings Forth a Personal Injury Lawsuit?
If the individual died as a result of the accident, his or her heirs may be able to pursue a lawsuit and recover damages in this manner. If the individual dies due to another cause, our Manchester wrongful death lawyer can explain that the cause of action generally survives and can be brought forth by the personal representative of the decedent’s estate.
What Are the Differences between Civil and Criminal Cases Based on Wrongful Death?
Criminal and civil cases are pursued for different reasons. Criminal cases are usually pursued to punish someone on behalf of society and to serve as a deterrent for future similar behavior by the same or a different individual. Because criminal cases carry with them serious consequences, including the loss of freedom, the burden of proof is the highest in these situations. In civil cases, the purpose is usually to restore the individual to the position that he or she would have been in had the accident not occurred or to compensate him or her for the acts that a court determines are the legal responsibility of another individual or entity. Penalties in civil cases are typically monetary in nature.
Does Every State Have the Same Laws Regarding Wrongful Death Cases?
No. Our Manchester wrongful death lawyer can explain that each state establishes its own laws regarding wrongful death cases. Important differences exist between state laws, including whether punitive damages can be awarded, if damage caps exist, whether a claim for an unborn fetus is viable, and how long a plaintiff has to bring forth a lawsuit. In some cases, more than one proper place exists to bring a lawsuit, so a plaintiff and his or her lawyer can determine if there are certain advantages in bringing a case in one location over another.
Is a Wrongful Death Lawsuit Viable If the Decedent Never Held a Job?
While one important aspect of damages is the economic loss suffered by a decedent’s family due to his or her death, this portion of damages is not completely eliminated simply because someone did not have a job. The decedent may have served a very important role in the family, such as serving as the caretaker, home chef, and domestic assistant. He or she may have contributed to a family business. Wrongful death cases take such tasks into account to determine the pecuniary loss suffered by the surviving members of the family.
Can a Wrongful Death Lawsuit Be Actionable If the Decedent Was a Child or Elderly?
A wrongful death action is not dependent on the age of the decedent. Therefore, such an action can still be brought if the decedent was a child or elderly individual. However, being quite young or older can impact the amount of economic damages that the surviving family members can be awarded.
Can I Be Awarded Pain and Suffering Damages?
A decedent’s family may be able to recover damages for the decedent’s pain and suffering.
Legal Assistance from Our Manchester Wrongful Death Lawyer
If you would like more information on wrongful death actions in this state, contact our Manchester wrongful death lawyer from the Law Office of Manning & Zimmerman PLLC by calling (603) 624-7200.