WRONGFUL DEATH - FAQ

1. WHAT IS WRONGFUL DEATH?

Wrongful death occurs when a person is killed due to the negligence or misconduct of another party.

2. WHAT IS THE DIFFERENCE BETWEEN WRONGFUL DEATH AND MURDER?

Wrongful death is a civil action in oppose to murder which is a criminal action.

3. WHO CAN SUE FOR WRONGFUL DEATH?

An action for wrongful death belongs to the decedent's immediate family members such as; spouses, children & sometimes parents.

4. CAN A JUDGEMENT OBTAINED AS A RESULT OF A WRONGFUL DEATH BE DISCHARGED IN BANKRUPTCY?

Some bankruptcy courts may make damages resulting out of negligence non dischargeable, however, some courts will permit the discharge.

5. HOW IS THE VERDICT/DAMAGES DETERMINED?

Survivors can sue for medical expenses (if the desseced got any medical attention prior to his death) burial expenses, potential future earnings, pain and suffering for the family.

Please note every case is unique and has different circumstances which you will have to consult with a qualified personal injury attorney who can advise you on your potential recovery.

Disclaimer to answers posted in internet newsgroups, message boards and websites may not and must not be relied on as legal advise: The information provided in these answers should be viewed as general information on legal issues presented . Therefore, the answers provided by Evan M. Oshan, The Law Office of Evan Oshan, and Oshan & Associates, P.C. should not be viewed as legal advise firm and is not a substitute for an legal advise by a retained attorney or law firm. Answers presented do not create the attorney client relationship.