The family of a victim who has died or been killed due to the negligence or misconduct of another individual (including murder) may sue for “wrongful death”. In many cases, this type of suit will follow a criminal trial since wrongful death uses similar evidence, but does not require the same standard of proof, as a criminal case. However, even if an individual is found to be liable for wrongful death, they will not necessarily be convicted of a criminal charge.
Only the personal representative of the deceased’s estate can bring forth a suit for wrongful death. This same representative can also bring forth actions for personal injury, conscious pain and suffering, or expenses incurred prior to the victim’s demise. All awards from these actions will belong to the estate and will be divided based on the decedent’s will.
Pecuniary (financial) injury is the main measure of damages in a wrongful death case. Such injuries include loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Those responsible for the decedent’s funeral or medical care may recover these expenses if a wrongful death suit is won.
Situations in which a wrongful death claim may arise (not limited to this list):
If you have been affected by a wrongful death, Facchini and Facchini can help you! Our expert attorneys will help you navigate the laws and procedures, while working hard to prove your case. Nothing can replace the loss of your loved one, but a wrongful death case can bring you and your family a sense of closure as well as financial assistance for your future.
For further questions about wrongful death cases
or to set up an appointment with an attorney, please call us at 413-746-3369.