Wrongful Death Claims Lawsuit & FAQ | Romanucci & Blandin
Q: Can I bring a wrongful death action on behalf of a child or an elderly person?
A: Yes, you are able to recover damages in a wrongful death case for a child or an elderly person. Damages awarded in either case are typically modest.
Q: What happens if an unborn fetus dies?
A: In most states, the law requires that the child be born alive in order for their death to be cause for a wrongful death action. A qualified attorney can give you information on this based on the state in which you live.
Q: Can you sue for pain and suffering of a decedent?
A: In addition to wrongful death, you can sue for pain and suffering for any damages the decedent’s family has incurred before they passed away.
Q: Can you recover punitive damages in wrongful death actions?
A: Most states do not allow a plaintiff to recover punitive damages in a wrongful death case. Some states do allow this, but they have specific statues permitting the recovery of punitive damages.
Q: Do all states have the same laws regarding wrongful death?
A: Each state is very different in their laws regarding wrongful death.
Q: Can I bring a wrongful death action against a decedent who never had a job?
A: If the decedent has never had a job, they still may have contributed in another way to the family, so you can bring a wrongful death action against them.