According to the Centers for Disease Control and Prevention (CDC), about 31 million emergency department visits occur each year for unintentional injuries in the United States.
There are 136,053 unintentional injury deaths, which accounts for 42.7 deaths for every 100,000 of the population. Unintentional injury ranks number 4 in the cause of deaths across the country. There are 31,959 unintentional fall deaths, which is 10 deaths per 100,000 of the population.
Common Questions about Wrongful Death
Many people have questions about wrongful death. Here is a look at some of the most common ones with their answers.
Q1: What happens if a person dies before they could bring a personal injury lawsuit?
A: This depends on whether a person dies because of the injuries or from causes that are not related. If a person dies as a result of injuries sustained in an accident, their survivors or heirs may be able to recover monetary compensation through a lawsuit. In every state, there is a law that permits an action when the wrongful death of a person is caused by another. If a person that has a personal injury claim dies due to unrelated causes, in most cases, the claim survives and may be brought by the personal representative or executor of the deceased person’s estate.
Q2: What happens when an unborn baby or fetus dies?
A: In several states, it is required for an infant to be born alive in order for its death to be the subject of a law suit or wrongful death claim. This means that a fetus’ death might not be actionable. You should talk to a local attorney to find out what the precise law is in your state.
Q3: Can punitive damages be recovered in wrongful death actions?
A: In most states, punitive damages may not be recovered by a plaintiff in a wrongful death action. However, there are some states where there are specific statutes that allow the recovery of punitive damages.
Q4: Can someone sue for a decedent’s pain and suffering?
A: Yes, in addition to the wrongful death, the family of a decedent may recover damages for the pain and suffering endured by the decedent prior to death.
Q5: Can a wrongful death action be brought based on a child or elderly person’s death?
A: Yes, damages can be recovered in a wrongful death cause of action for a child or an elderly person’s death. However, for a number of different reasons, the damage awards obtained for both decedent classes are typically modest. If you or a loved one has a wrongful death case, you should immediately seek the help of the skilled and experienced personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. The first meeting to discuss the merits of your case and find out if you have a viable case to bring a wrongful death cause of action against the negligent party is free. What do you have to say? What is your side of the story? If we believe your case is viable we will ride this with you until the end. We know which legal avenues to take and when to take them. RMFW has won big cases in the past, your case can be one of them. Call us today! Waiting does not make any sense.
