When a loved one is fatally injured as a result of negligent or wrongful actions of another, two distinct avenues for monetary compensation exist. Both claims are brought by a Court appointed representative (fiduciary) of the decedent’s estate.
The first claim seeks damages for the Personal Injuries (conscious pain and suffering), loss of earnings and medical expenses sustained by the deceased prior to death. The damage awarded is for the benefit of, and distributed to the heirs of the decedent’s estate as directed by a Last Will and Testament, or if none exist by statutory law designating which heirs/distributees share in the estate based upon a hierarchy of kinship.
The second claim for Wrongful Death seeks monetary compensation to the surviving family members (spouse, children or parents) who personally sustained economic loss (pecuniary damages), such as financial support, guidance, companionship, that each one personally suffered. This includes:
- Lost expected wages, salary or compensation
- Lost benefits from decedent’s work
- Loss of inheritance
- Medical costs related to hospital care prior to death
- Funeral expenses
The determination of the economic value of the loss is based upon the character, habits and ability of the decedent; the circumstances, age and life expectancy of the distributees; the services that the decedent would have performed for them; and the portion of the decedent’s earnings that would have been spent in the future for the care and support of the distributees by name. When the decedent is survived by minor children, they are also entitled to money damages for loss of the intellectual, moral, physical training, guidance and assistance that the decedent would have given them.
Non-economic loss such as emotional loss, grief, sorrow, mental anguish or loss of companionship experienced by the family members/distributees are not pecuniary and are not recoverable.
The attorneys at the law firm of Sanocki Newman & Turret, LLP have been successfully litigating personal injury and wrongful death cases arising from negligence, medical malpractice, labor law, products liability, and other wrongful acts cases, for over 35 years. When we are retained, we vigilantly scrutinize facts and information as to the cause and nature and extent of the injuries.
In cases where there is a fatality, we inquire as to the identity, relationship and age of the decedent’s family members, and which family member is willing to act as the representative in the lawsuit we will bring a claim to recover damages for the decedent’s personal injuries, as well as the pecuniary loss sustained by the surviving next of kin.
We then prepare a petition to present to the Court, providing details as to the heirs and surviving next of kin, and upon the Court’s review and determination it issues a decree appointing representative. Upon the successful conclusion of the action, court approval is required as to the allocation and distribution of the proceed of the monetary award for the decedent’s pain and suffering and monetary compensation for the next of kin for wrongful death.
If you believe someone you know has been the victim of negligence resulting in wrongful death, you may be entitled to monetary compensation for physical and emotional pain and suffering and economic losses.