Yes. The law permits the estate of the deceased to file a lawsuit on behalf of the heirs. Wrongful death is a term used to describe the type of lawsuits brought by the surviving relatives of a deceased person, against the person(s) and/or entity(s) who caused the death.

A wrongful death action is separate from the lawsuit that may be brought on behalf of the deceased person (for example, by the deceased person's estate) for damages resulting from injuries to the deceased. For procedural purposes, these actions are typically combined into one lawsuit. The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support. The wrongful act may be a negligent or careless act such as careless driving or a deliberate act such as manslaughter.
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What kind of compensation does the law provide?
The compensation you are entitled to receive often depends upon the type of accident caused your injury. For instance, there are different rules of recovery when the injury results from an automobile accident than when it is an on-the-job injury. To understand the rule that would apply to your situation, you need to consult with an attorney.

What kind of damages does the law permit heirs to recover?

Wrongful death damages can be economic, such as the loss of an income provider or a homemaker, and it can also be non-economic in the form of the emotional impact of losing a loved one and even the loss of enjoyment of life of the deceased person. In a wrongful death lawsuit, the amount of damages can be a very complicated question. Survivors can usually sue for medical bills paid for the care of the person who was injured as well as for burial expenses.

Because the idea is that the survivors have been injured by the absence of the person who died, determining the amount of damages requires consideration of what probably would have occurred in the future. The damages that can be assessed may include an estimate of the amount of earnings the person who died would have earned if they had lived and the pain and suffering experienced by the survivors due to the absence of the deceased person. Estimates of future earnings require the use of an economic expert testimony regarding the net present value of the deceased person's future earning capacity.

What if I do not want to file a lawsuit?

Even if the case is not pursued, at least the decision to not pursue it is an informed decision. We will provide you the information you need to make an informed decision. Most cases are concluded by settlement, not trial. We are committed to spending the time and money necessary to obtain the full recovery allowed by the law. In other words, we prepare for trial, knowing full well that the large majority of the cases will end up settling before the trial commences. We do this because we are committed to obtaining full and adequate recovery for our clients.
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What are your fees?

We are contingency fee lawyers, and do not charge a fee unless we recover money for you.

Do I have a case?

If you or a loved one was injured due to the wrongdoing of others, you could have a case -- but it is impossible to say for sure until we know the details.

What should I look for in selecting an attorney?

Before making the decision to hire an attorney you should find out about the lawyer’s education, training, and experience in the field and his actual trial experience in these kinds of cases and ask the lawyer to tell you about how he or she has represented clients in cases similar to yours. Ask the lawyer to go over the fee arrangement in detail with you and be sure you understand what the lawyer plans to do to represent you on your claim.
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What do I need to bring with me on my first visit?

At your first visit you should bring all information you have regarding the incident, all medical bills in your possession, a list of all doctors and hospitals, your other healthcare providers with addresses and the last three years of tax returns. If you have lost wages as a result of the incident, you may be asked to bring additional information at the time your appointment is scheduled.

Will I have to pay a retainer fee to get the case started?

No. We normally handle our cases on a contingent fee arrangement. This means we do not get paid costs or attorney’s fees until we get a settlement of judgment for you. All details of the fee and cost agreements will be explained to you in detail before we begin representing you or your claim.
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Who pays for out of pocket expenses while my case is pending?

When you retain an attorney on a contingent fee basis the out of pocket expenses necessary to effectively prosecute the claim are only the client’s responsibility if we successfully conclude the case. While the case is pending we advance the expenses incurred in the course of the representation. If and when the case reaches a successful conclusion the costs we expended are reimbursed to the firm out of the recovery.

If you take my case, can you guarantee I will win?

No one can guarantee a win but our reputation is based upon our effectiveness and the success the firm has had as trial lawyers. The firm gives its best effort on behalf of each and every client we represent. In spite of past performances there can be no guaranteed result in a lawsuit or claim. Our clients can depend on the fact that we use our resources, experience, judgment, and dedicated commitment to our client in order to make sure that your case is thoroughly prepared and ready to prosecute through trial.
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What assurance do I have that my case will be prosecuted to its conclusion?

We have prosecuted many cases in which the defendant(s) did not accept responsibility for their actions and the wrong they had inflicted upon our clients. In order to achieve a just result the case had to be tried and often the verdict obtained for our client had to be defended on appeal. We relentlessly prosecute cases to a conclusion, where in our view they are meritorious, economically feasible, and capable of a meaningful monetary recovery for our client.

How long will it take to resolve my case?

Normally it takes one to three years to bring a case to conclusion. This time varies, however, because of many factors such as the number of parties involved, the complexity of the case, the number of depositions, the extent of the investigation needed, schedules, commitments of experts, the availability of the judge, etc. Approximately 80 percent of the cases that we accept are concluded by settlement. If the case is tried and a favorable verdict obtained, the defendant has a right to appeal. Appeal from a plaintiff’s verdict, whether in State or Federal court, usually prolongs conclusion of the case for an additional 12 to 18 months following the trial results.
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Will I have to attend court hearings?

There may be pre-trial court hearings in your case that you normally will not have to attend. We do anticipate your deposition will be taken at which time you will be asked many questions concerning your background, the events surrounding the occurrence, and details of your injuries or damages by the defendant(s) attorney. If your presence is needed for any court hearing, you will be notified well in advance. We will notify you when a trial date is set.

If a settlement offer is made, how will I know if it is fair and whether or not I should accept it?

Deciding whether to accept or reject an offer of settlement is often a difficult decision. Based on our experience and knowledge of results in similar cases, we can advise you of the advantages and disadvantages of going to trial vs. settling out of court. We do our best to always answer your questions so that you can decide whether a settlement offer is fair. The decision to settle, however, is always ultimately your decision.

What if I have questions during the litigation process or there are things I don’t understand?

We try to keep you informed of what may be happening in your case. We are also available to answer your questions. We consider you a part of the team and meaningful communication is important to make sure the claim is presented properly and effectively.
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I'm not the "suing" type. Is there any way my claim can be resolved without actually filing a lawsuit?

You should know that the vast majority of personal injury claims are resolved before a jury reaches a verdict at trial. Many cases are settled even before a lawsuit must be filed. The ultimate decision about whether to file a lawsuit at all is yours. We are committed to helping you reach a satisfactory conclusion to your claim, whether by a lawsuit and trial, or by an out of court settlement.

Will my case go to trial if we do have to file suit?

Most lawsuits that are filed are settled before trial. Regardless, we prepare every case as if it might ultimately be decided by a jury. We believe in being prepared in the event an agreement between the parties cannot be reached. At the same time, our philosophy is to aggressively pursue resolution of claims at all stages in the case, so that the process does not become unduly difficult, burdensome, or expensive for you, and so that we obtain the best results possible.

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