Wrongful Death

When a person dies due to the negligence or fault of another, the deceased person’s surviving family members may have a claim for "wrongful death," that is, a claim for the survivors’ grief, loss of companionship, pain and suffering, and emotional distress. In addition, if the survivors suffered economic losses due to the death of their loved one, such as the lost income of a parent or spouse, they can recover those damages as well. Wrongful death cases may arise as a result of an automobile accident, an industrial accident or due to medical negligence. Regardless how the death occurs, there are very strict time limitations on filing wrongful death claims and the claims may only be brought by certain persons. All such claims must be filed within two years of the death, and only the surviving spouse or children can file suit. If there are neither a surviving spouse nor children, or the deceased is an unmarried minor, then the surviving parents can file suit. In all wrongful death cases except those arising from medical negligence, the non-economic damages for grief, loss of companionship, pain and suffering and emotional distress are limited to $341,250. Where the death occurs due to medical negligence, a separate statute limits non-economic damages to $300,000. This conflict between the statutes has not been resolved by the courts. In any event, all damages recovered for wrongful death must be shared equally among the survivors.  Cross & Bennett handles all manner of wrongful death cases.