Frequently Asked Questions about Wrongful Death

Q: Who can file a wrongful death case?

A: The Probate Court approves the appointment of a Fiduciary. It is the Fiduciary (the personal representative of the Estate) who retains an attorney. The Fiduciary may be designated by the decedent in a Will. If there is no Will, then a surviving spouse, or if there is no surviving spouse, the children may bring the wrongful death claim. If there is neither a surviving spouse nor surviving children, the parents of the decedent may pursue the wrongful death claim. Absent a surviving spouse, surviving children, and surviving parents, a Fiduciary of the decedent’s estate will be selected and appointed by the Probate Court so that a lawsuit may be filed on behalf of the estate.

Q: How long do I have to make a claim?

A: “Statutes of limitation” govern the length of time one has to file a lawsuit or be forever barred from pursuing such a claim. Different statute of limitations periods apply to wrongful death cases under various circumstances. In some cases, the statute of limitations may be as short as one year, while under different circumstances, it may be much longer. Many factors bear upon when the applicable statute of limitations period expires and you must be absolutely certain that you are aware of the expiration of statute of limitations, or risk jeopardizing your legal rights.

Q: Will my case go to trial?

A: Most cases are settled prior to trial or are resolved more quickly and cost-effectively through dispute resolution, like mediation and arbitration. Generally, only the large cases or highly disputed cases end up being tried before a jury or judge. Our extensive experience allows us particular foresight in determining what process will be the most advantageous to you. Whatever the case, we will discuss all the available options with you.

Q: How long will it take to complete my case?

A: Each case is different. Delay can be caused by a variety of factors:

• Crowded court dockets
• Difficulty in obtaining medical documentation
• Difficulty in obtaining testimony from witnesses

These and other factors play a part in how quickly a case can be resolved. Taking a case to trial, in general, takes a long time. Settlement, mediation or arbitration may significantly speed up the resolution of a case.

Q: Will my case be settled without my approval?

A: No. We discuss valid settlement offers with you in every instance, and no settlement offer will be accepted without your approval and the approval of the Probate Court.

Q: How much is a wrongful death claim worth?

A: Determining how much the death of a loved one is worth is a critical aspect of any wrongful death claim. It is also the part of a claim about which it is most difficult to generalize; the amount depends on your very particular circumstances. We will be objective about your case and will not make a rash decision. Where you may be tempted, for instance, to go for a quick payout, we may counsel you that it is in your best interests to wait for a more appropriate offer. We are also used to dealing with insurance companies, and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount. We work hard to reach the best settlements for our clients, as early in the litigation process as possible. If a trial becomes necessary, we can zealously represent you in court and work toward achieving the best possible jury verdict in your favor. In assessing the value of your claim, we will consider everything you have suffered as a result of the death of a loved one.

In general, the survivors are entitled to the economic loss they suffer because of the death. Damages for the pain and suffering of the decedent are also recoverable.

Q: How do I know if a settlement amount is fair?

A: We will make recommendations to you and try to clearly explain the reasons for the recommendations. We have extensive experience in settling cases and are familiar with what juries and judges generally award in similar cases.

Q: How much will it cost me to file a lawsuit?

A: After determining that case has merit, we accept the case on a contingency basis. You pay no legal fee until we have successfully resolved your claim at trial or by way of settlement.