Wrongful Death
When there has been a wrongful death in the family, the law provides that in some situations, the family or loved ones of the deceased person are entitled to monetary compensation for their loss.
When there has been a wrongful death in the family, the law provides that in some situations, the family or loved ones of the deceased person are entitled to monetary compensation for their loss.
The law requires that the death has to be shown to have been the result of a reckless, intentional, or negligent act of another. Often, a wrongful death will arise out of facts involving:
- Work-related deaths
- Motor vehicle collisions
- Auto accidents
- Truck accidents
- Motorcycle accidents
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- Medical malpractice
- Nursing home negligence
- Construction accidents
- Defective products
- Dangerous drugs
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The law describes the person who has died as the “decedent.” Since the decedent cannot file a wrongful death claim, the surviving members of their family must file the wrongful death claim for the decedent.
If the only surviving member of the family is under 18 years of age, the Court may need to assign a guardian to act in their best interests including for the wrongful death claim.
The losses that the surviving family members may recover may include several different aspects. Damages that the law may allow for the tragedy of a wrongful death, include:
- Damages to reflect the pain and suffering of the victim prior to the death.
- Damages to reflect the loss of economic support, services, care and protection that the family has lost because of the wrongful death. These damages can include loss of society and companionship for a spouse, for example, and are known under the law as “loss of consortium.”
- Medical expenses
- Funeral expenses
- Loss of future earnings
- Punitive damages
Because of the tragedy that a family member’s wrongful death brings to the family, in dealing with the loss, the family may not be aware of the fact that the law only allows a wrongful death claim to be brought within a certain period of time after the death.
Therefore, it is important for surviving family members to act quickly if they believe that they may have a wrongful death claim.
Filing a wrongful death claim and determining the amount of compensation can be complicated. A wrongful death lawyer can assist the family members and help to provide some calm and certainty.
If you have lost a child, parent, spouse, sibling, or other family member, and would like our attorneys to evaluate your wrongful death claim, please contact us at 1-800-849-5291 or use this convenient form.