Wrongful Death: A Complete FAQ (Part 2 of 3)

In the last post, we answered some common questions about wrongful death attorneys and actions. However, it’s important to have sufficient knowledge about wrongful death actions before taking one on behalf of a loved one. Here’s the second installment of our complete FAQ about wrongful death.

Can someone seek a wrongful death lawyer and take action if the deceased never held a job?

Yes — whether or not the deceased held a job is irrelevant when considering wrongful death actions. The person very possibly contributed in one, or many other, ways to the family. One common example is a wrongful death action filed for a stay-at-home wife or husband who assists with everyday services and family guidance. In these cases, the contributions are classified and quantified with the judgment of ‘pecuniary losses’ in a corresponding wrongful death action.

Can punitive damages be recovered through wrongful death actions?

Yes, but in Florida, only in certain circumstances (i.e.if the person who caused the accident was DUI or texting while driving. In the majority of states, the plaintiff cannot recover any punitive damages in the event of a wrongful death action. However, there are some states with exceptions and specific statutes that allow for the recovery of punitive damages. Talk to an Ocala or Gainesville law firm about recovering punitive damages in your wrongful death action.

Is it possible to sue for the pain and suffering of the deceased?

Not in Florida.  If the injured person dies, the injury claim that could include compensation for pain and suffering becomes a wrongful death claim.  

What are the conditions regarding wrongful death during a pregnancy?

In many states, it’s legally required for the child to be born alive for its death to be applicable toward a wrongful death action. This means that the death of a fetus may not always be actionable, depending on your state. Consult with a wrongful death lawyer at a Gainesville or Ocala law firm for specific details about state wrongful death laws.

According to a recent study by Johns Hopkins University, more than 250,000 people die each year from mistakes by doctors, or medical malpractice, but whatever the cause of wrongful death, taking immediate action is critical toward getting the compensation you deserve. Keep an eye out for the next post, where we’ll have our final installment of our complete wrongful death FAQ.