Frequently Asked Questions (FAQ) Wrongful Death

The representative of a person who died from intentional or negligent harm can file a wrongful death claim to compensate the family for monetary losses. Following are answers to frequently asked questions about wrongful death lawsuits, including an explanation of the difference between homicide and wrongful death.

What does “wrongful death” mean?

If a person dies from intentional or negligent harm, family members may bring a wrongful death lawsuit to compensate them for their financial losses resulting from the death of their loved one.

What’s the difference between a homicide case and wrongful death case?

The estate or family members of the deceased can file a wrongful death lawsuit in order to recover financial losses related to the death. A wrongful death case is a civil case. The state files a homicide charge in criminal court; it does not result in a damage award to the family.

Can a person be found guilty in civil court but innocent in criminal court?

Yes, because the burden of proof is higher in the criminal case.

Does state or federal law govern wrongful death cases?

State law. All states have some form of wrongful death law.

Should we choose a lawyer who specializes in wrongful death claims?

It’s a good idea. Wrongful death laws are complex and vary from state to state. A lawyer who specializes in wrongful death claims in your state may be best able to represent you.

Do we have to file a wrongful death claim within a certain amount of time?

Yes. Each state has a statute of limitations that governs how long you have to file after the death occurs.

How does the court decide how much money the estate will get?

The court considers the circumstances of the person at the time of death to determine how much financial loss the family will experience as a result of the death.

How does the estate get the money if we win?

Even if the judge or jury awards damages to the estate, your representative may have to take additional legal action to actually collect the money.

To learn more about auto accident law, truck accident law, motorcycle accident law, medical malpractice law, defective product law, slip and fall accident law, and other legal issues, it is important to speak with skilled Philadelphia personal injury attorneys.