I have successfully handled quite a few wrongful death cases and it is sad to think about it. Most of these cases involved medical negligence which resulted in death by various, but preventable, means.
Wrongful death cases are different than your typical back injury case because of the severe emotional trauma the family is experiencing and in how damages are calculated.
First, it’s important to remember that you have one year from the date of death to file a wrongful death lawsuit.
Also, your claim will be divided into two categories: 1) the wrongful death part (i.e., what damages are owed the person who died) and 2) the survivorship part (i.e., what are the family member’s damages for the loss of that loved one?).
Unfortunately courts often limit the damages in wrongful death cases. If you read the quantum on such cases, they will often reduce a jury award. I find this outrageous but I also don’t make the laws. The best I can do is push for reform to try and get courts to recognize higher damage awards in wrongful death cases.
