> My husband was killed in a motor vehicle accident when his vehicle was struck by a drunk driver. We have three children. Are we all part of the same wrongful death case?
> My wife was admitted to a nursing home because of a broken hip. While residing at the nursing home, she developed a bed sore which became infected and led to sepsis. A few months later, she died. She was 83 years old and not earning any income at the time of her death. Is it worth it to pursue a claim?
> My brother suffered a nerve injury and had to undergo surgery. The neurosurgeon improperly performed an operation that left him without the use of one of his legs. Months later, while rehabilitating at a convalescent care center, he died of an unrelated condition. Can his wife make a wrongful death claim against the neurosurgeon?

My husband was killed in a motor vehicle accident when his vehicle was struck by a drunk driver. We have three children. Are we all part of the same wrongful death case?

Yes. The proper parties in a wrongful death action are classified by their relationship to the deceased. Typically, a surviving spouse and children have the highest priority of all heirs and a joint right to file a wrongful death action. If the action is successfully tried or settled, any amount recovered must be apportioned by the court among the surviving heirs. This generally requires a separate hearing after the settlement or trial, where each person’s loss is assessed.

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My wife was admitted to a nursing home because of a broken hip. While residing at the nursing home, she developed a bed sore which became infected and led to sepsis. A few months later, she died. She was 83 years old and not earning any income at the time of her death. Is it worth it to pursue a claim?

Yes. Although some of the greatest economic losses in wrongful death cases involve a loss of one’s earning capacity and pension benefits, the death of a non wage earner can still have significant consequences which are worthy of compensation. Some of the most significant damages have been awarded for the loss of companionship during one’s “golden years.” Where the dreams of a lifetime’s work and saving have been snuffed out by the negligent conduct of another, the survivor is entitled to seek full compensation for his or her loss. If you consult with an attorney from The Glassman Law Firm, P.C., he will advise you that the loss of an elderly life is no less significant than that of a young one. In fact, the remaining years of a senior citizen’s life are generally more precious to him than those of a younger person’s.

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My brother suffered a nerve injury and had to undergo surgery. The neurosurgeon improperly performed an operation that left him without the use of one of his legs. Months later, while rehabilitating at a convalescent care center, he died of an unrelated condition. Can his wife make a wrongful death claim against the neurosurgeon?

No, but your brother’s estate can make a claim for the injuries caused by the medical negligence of the neurosurgeon. If you consult with an attorney at The Glassman Law Firm, P.C., an estate for your deceased brother can be opened, and his wife can prosecute the medical negligence case as the personal representative of the estate. Beneficiaries of that estate will then be allowed to share the recovery.

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Please see our page on Wrongful Death for more information.