A wrongful death cases exists when there is a death; (2) caused by the wrongful conduct, or default of defendant; (3) giving rise to a cause of action which could have been maintained, at the moment of death, by decedent if death had not ensued; (4) survival by distributees who have suffered pecuniary loss by reason of the death; and (5) appointment of a personal representative of decedent. In a wrongful death action, an award of damages is limited to fair and just compensation for the financial injuries resulting from the decedent's death to the persons for whose benefit the action is brought.  This set of facts may result from an accident.

Such damages include loss of support, voluntary assistance, and possible inheritance, as well as medical expenses incidental to death and funeral expenses In order to establish a right to a wrongful death recovery, the plaintiff need only show that he had a reasonable expectation of support from the decedent and therefore a financial loss. The standard by which to measure the value of past and future lost earnings is the decedent's gross income at the time of death. Financial injuries do not include sorrow or mental anguish, or loss of companionship of a deceased child, or loss of companionship of a deceased spouse. Nor does recovery include the damages that decedent might have obtained in a personal injury action had decedent survived. Therefore, the plaintiff in a wrongful death action cannot seek any recovery for decedent's loss of enjoyment of life.

However, financial injuries do include loss of parental nurture and care and loss of physical, moral and intellectual training by a parent Further, proof that the decedent performed household duties for his spouse and provided love, guidance and advice to their adult children is sufficient proof of financial loss to sustain at least some damages. However, adult children have no cause of action for the loss of a deceased parent's companionship where the parent provided no services to them. The surviving spouse has no separate claim for loss of consortium attributable to the decedent's death but recovery may be obtained for loss of consortium during the period between injury and death. In determining what is fair and just compensation resulting from the decedent's death, a number of factors have been identified as appropriate for consideration by the jury

These include: the age, health and life expectancy of the decedent at the time of the injury; the decedent's work habits and present position; the decedent's future earning capacity and potential for career advancement; and the number, age, and life expectancy of the decedent's distributees, Generally, evidence of a decedent's gross income at the time of death is the standard with which to measure the value of income already lost and to measure the loss of future earnings.

In September, 2007, Attorney Keith LePack, Esq. settled a case against a visiting nursing service that failed to show at the victim's apartment, culminating in the descendent's untimely wrongful death. This was no simple accident.  This was a wrongful death.  If a loved one suffers a wrongful death, call an attorney with wrongful death case experience, call attorney Keith LePack. As an attorney familiar with wrongful death as well as cases resulting from a simple accident, your attorney, Keith LePack, will leave no stone unturned and fully investigate every lead. We use top experts to win your case including private investigators, accident reconstruction specialists, bio-mechanics, human factor experts, law enforcement personnel, and engineers. If you need help, call accident attorney Keith LePack, Esq.  Contact Keith LePack, Esq.