July 17, 2019

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Wrongful Death

Have You Lost a Loved One Due to Another’s Negligence?

If your loved one has passed away due to another’s negligence you may file a “wrongful death” claim. Wrongful death laws generally allow damages for the losses suffered by the relatives survived by your loved one.

What Damages May be Recovered in a Wrongful Death Lawsuit?

Damages for the losses sustained by your loved one’s relatives may include economic losses as well as emotional, or non-economic, losses. A wrongful death lawsuit seeks to recover those losses from the responsible party. Typically, only the decedent’s spouse, children, and sometimes parents are eligible to recover economic damages and only the surviving spouse is eligible to recover non-economic compensation.

Occasionally, punitive damages are awarded to punish the party responsible for the death of your loved one. This varies between states.

Economic damages may include:

  • Medical expenses
  • Funeral Expenses
  • Lost earnings
  • Lost financial support that your loved one would have provided

Non-economic damages may include:

  • Loss of companionship
  • Loss of emotional support
  • Emotional Suffering, such as grief and mental anguish

How Much May be Recovered?

The value of your wrongful death claim depends on many complex legal factors. It is important to note that some states have a cap on the maximum award for a wrongful death lawsuit. Additionally, every state has a time limit in which the wrongful death lawsuit must be filed after the death of your loved one.  Contact an attorney near you to help guide you through the legal process of filing a wrongful death personal injury lawsuit.

Was the Death of My Loved One a “Wrongful Death?”

The law varies between states, but a general rule of thumb is that if your loved one would have had a legal claim had he or she been injured instead of killed, there is likely a proper wrongful death claim.

Examples of when a wrongful death claim may arise out of a third party’s conduct include:

  • Negligence
  • Medical malpractice
  • Defective product
  • Reckless conduct that caused an accident

If your loved one has recently passed away due to another’s bad act, contact an experienced injury law firm to find out if a wrongful death lawsuit is right for you.