Try imagining a lawsuit in which a worker at a construction company is severely hurt at work due to another worker’s negligence. For example, the other worker left nails out and the injured worker stepped on them, impairing his ability to walk the same permanently. So after this worker seeks medical attention for his foot, he decides that he wants to file a personal injury lawsuit; but then a few of months into his lawsuit, the construction worker actually ends up dying due to his foot injury. This case can be treated like a wrongful death situation if it meets a few factors. There is statute called the survival statute. Most states apply this statute if a personal injury claim is filed before the victim passes, or if the family of the deceased wants to file a separate wrongful death lawsuit. This statute also keeps the deceased’s personal injury lawsuit open even after they die until it is resolved. This ensures that the victim’s family can retain any compensation given during the lawsuit. The family of the deceased may also file a wrongful death lawsuit against the individual or company at fault to receive further compensation to cover things like the funeral and medical bills. Some states allow a personal injury claim to crossover into wrongful death claims directly after the victim dies. This is to ensure that any family or dependents of the victim are cared for financially.
By law, in any case in which a personal injury lawsuit turns into a wrongful death lawsuit, the victim’s survivors may receive the victim’s salary or any other type of income that they would have been provided with lest the victim had remained living, any medical bills, loss of companionship or expenses regarding the funeral costs. In situations where the the victim who passed was not employed at the time, the judge will look at their educational degrees and qualifications, any past income they have made, and any earnings they would have potentially made if they were alive. Then the judge will determine an amount to give to the victim’s family, because of the potential income that could have been made. Medical malpractices cases, car accidents, private plane injuries, dog bite accidents and any injuries that occur at a construction site are all common personal injury cases turned wrongful death cases.
Contact an Attorney
If your loved one has passed and has an existing personal injury lawsuit out, consider contacting a wrongful death attorney so that they can help you determine if you have a case such as the Wrongful Death Lawyer Miami FL locals turn to. It might even be necessary that you file a separate wrongful death claim, depending on your state or laws surrounding your specific case.
Thanks to authors at Needle Ellenberg P.A. for their insight into Wrongful Death.