The negligence (liability) component of the case would not change, i.e. was there a duty of care breached by the defendant? There are, however, different procedural and damages elements for a wrongful death case, as compare to a personal injury case. A lawyer can provide specific guidance,...Read more »
I assume by "other person" you are referring to a potential defendant who allegedly caused or contributed to the death at issue. Wrongful death claims can be brought by the decedent's estate against any person or entity who caused, or substantially contributed to cause, the alleged...Read more »
In such a circumstance, criminal charges will likely be pursued by the State. However, individuals (or Estates of individuals) who have suffered harm my pursue a civil action against the drunk driver, or against an establishment that allegedly served alcohol to an intoxicated patron, contributing...Read more »
Although there are some circumstances when the "tolling" of a statute of limitations can occur, the clock almost always starts ticking from the date of injury, or when a potential plaintiff reasonably should have known of an injury. The fact that an initial injury has gotten worse over...Read more »
Punitive damages are recoverable only in certain circumstances, as specified by the wrongful death statute. Thus, when there is evidence that a death was caused by malicious, willful, wanton or reckless conduct, or by "gross" negligence, there may be such a recovery. The standard of proof...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.