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Primer on wrongful death claims: a successful wrongful death claim can compensate a family that has suffered the loss of a loved one. Preparation is key, for everything from determining what claims should be filed to thwarting defenses.

Article Excerpt
Wrongful death cases should be tried as quickly as possible, because people and their relationships change over time. When young children grow up, doing well for themselves dilutes their wrongful death claims for a parent. Likewise, if a decedent's spouse remarries, or if trial occurs at a time past the decedent's life expectancy if the negligent act had not occurred, jury appeal is greatly reduced. The jury might award lesser damages, considering that the decedent's family would have faced the same issues when he or she died of natural causes.

Medical history

Begin investigating a potential client's claim by obtaining the entire medical histories of the decedent mad his or her beneficiaries. Future damages are based on the life expectancy of the decedent or beneficiary, whichever is shorter; so the beneficiary's medical history is important if it predicts a short life expectancy. In addition, if the beneficiaries have special health needs, consider the decedent's role in helping to fill those needs. You'll also have to find out the decedent's medical condition from the time of the negligent act through his or her postmortem evaluation.

In addition, you should find out the answers to the following questions:

* What was the decedent's life expectancy?

* What was his or her work-life expectancy?

* What was the beneficiary's life expectancy?

* How was the decedent's health?

* What was the cause and mechanism of death?

* Did the decedent experience any conscious pain and suffering before he or she died?

* How did the next of kin handle the death? What was their level of grief, bereavement, and mental anguish?

Damages

A wrongful death claim is a creature of statute. So before filing a claim, assess all damages permitted under your state's wrongful death statute, determine what evidence is available, and collect data to prove those damages, which should be stated in the complaint with specificity. Depending on the jurisdiction, damages will generally involve

* each family member's pecuniary loss resulting from the premature wrongful death

* loss of asset value to the estate due to loss of earnings from the premature death

* each family member's loss of future inheritance

* medical and funeral expenses

* mental anguish, grief, and bereavement of the next of kin; loss of love and affection; loss of society, comfort, and consortium

* punitive damages (where allowed). Evaluate each claim filed by next of kin on its...

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