Wrongful Death FAQ

Do I have a wrongful death claim?
A wrongful death case arises when a family member’s death is caused by another person’s deliberate, careless, or negligent actions or inactions. A wrongful death can also be caused by the use of dangerous products that may have been improperly inspected, maintained, supervised or the like.

Am I legally able to file a wrongful death lawsuit?
Those who can file a wrongful death claim first fall to the family of the victim. The spouse, children, or victims parents would all legally be able to file for a wrongful death claim. If none of these direct relatives of the victim are alive or survived the tragedy, the owner of the victim’s assets left to him or her can file a claim.

How do I know if I have a criminal or civil lawsuit?
Generally, in a criminal case the government looks to penalize someone for an offense that will lead to a criminal charge. In civil cases two opposing parties debate what is legally owed to one another, where the end result is usually rightful monetary allocation to a party.

What type of compensation can be awarded?
Some examples are:
  • Damages caused by emotional pain
  • Projected income of the victim
  • Loss of intangible services (safety, care, etc.)
  • Benefits supplied by the victim
  • Medical and funeral expenses
Can damages be recovered for the emotional side effects caused?
A family can sue for the emotional pain that a death has created on a family and collect necessary damages caused.

If the victim of a wrongful death was not employed, can I still file a wrongful death lawsuit?
Even if the victim of a wrongful death did not have a job, a family member who meets the above guidelines may file a wrongful death claim. The victim may not have financially contributed but could in other areas. A common example is a “housewife,” who rather than working, complete various duties around the house and with the family. The loss of someone of this position can put a burden upon the surviving members of the family.

What do I do if I believe I have a wrongful death claim?
A wrongful death claim can be complicated to navigate alone, which is why one should contact a wrongful death attorney at Aleksandr Vakarev as early as possible because there could be date requirements and other guidelines to meet in order to not harm your case. Contacting us early gives us the best chance at getting you what is rightfully deserved.
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