A wrongful death claim is a suit that arises when a person dies as a result of the negligent or reckless conduct of another. A wrongful death suit is different from other types of personal injury claims because the actual victim (the “decedent”) is not bringing suit, rather it is the family members or the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim.
The damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to him or her. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death. The plaintiff in a wrongful death action is the personal representative of the decedent.
What Is A Wrongful Death Claim?
A wrongful death occurs when a person is killed as a result of another person’s negligence, recklessness or intentional misconduct. A wrongful death claim allows the people surviving the victim to seek compensation for wages lost, benefits lost, funeral expenses, and pain and suffering.
Who Can File A Wrongful Death Claim?
Usually, immediate family like spouses and children file for wrongful death, as they are most affected by the loss of a family member and the financial support he or she provided. Parents often make these claims as well. In some cases, people in the extended family may also make a claim if they were economically impacted by the death. An attorney from Zervos & Calta, PLLC can help you determine who is entitled to file a claim for wrongful death.
We can help families who have been affected by a loved one’s death from various circumstances, including:
Seeking legal advice is often essential for people making wrongful death claims to receive the compensation and justice they are entitled to. A lawyer can advise on whether or not you have a viable case and work to get you the best outcome possible. Anyone who is dealing with the death of a loved one and thinks that another person was at fault should speak with an experienced wrongful death attorney immediately.
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