The death of a loved one is a very traumatic event for the survivors. In the past, no one could file a claim in the event of a death because under common law, a dead person could not sue. Fortunately, states have corrected the legal loophole that allowed those responsible for the death of others to be free from civil action by enacting wrongful death laws.
Generally, under these statutes, when a person is killed by another person''s malpractice, negligence, recklessness, action or inaction, the deceased's spouse or close family member can file a wrongful death claim to seek compensation for losses resulting from their loved one's death.
If one of your loved ones has died because of the negligence or wrongdoing of another, you may be eligible to seek justice through a wrongful death claim. Please contact us today to speak with a caring and qualified personal injury attorney who can evaluate your claim free of charge.
Wrongful Death Claims:
Losses and Recovery
Those pursing a wrongful death claim may be entitled to recover compensation for many of the costs and losses associated with a loved one's death. The recoverable losses vary from state to state, but often include:
- Funeral and burial costs
- Medical costs
- Loss of the deceased's anticipated future earnings
- Loss of financial support
- Loss of inheritance caused by untimely death
- Loss of companionship, care, or protection
- Mental anguish
The victim's loved one may also be eligible to recover punitive damages, which are awarded not to reward the family but to punish the defendant. This is generally true of cases where it is proven that the defendant caused the death intentionally or through extremely bad conduct.
It is important to note that all wrongful death claims are subject to a statute of limitations, which determines the amount of time an individual has to file a legal claim.