When a loved one dies due to the fault of another person or entity, the survivors may be able to bring a wrongful death lawsuit. Such a lawsuit seeks compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship, and funeral expenses. 

When Is a Wrongful Death Claim Applicable?

A wrongful death claim is applicable when a victim who would otherwise have a personal injury claim is killed as a result of either negligence or an intentional harmful act on the part of the defendant. This can occur in a variety of situations, including:

  • When a victim is intentionally killed. 
  • When a victim dies as a result of medical malpractice. 
  • Car accident fatalities involving negligence. 

Who Can File A Wrongful Death Claim?

Heirs and personal representatives can file a wrongful death lawsuit. An “heir” is anyone that can inherit from the decedent, if the decedent died without a will. This often includes the decedent’s surviving spouse or domestic partner, children, parents or brothers and sisters of the decedent.

Compensation & Damages

An individual’s financial compensation for wrongful death can include:

  • Grief and sorrow;
  • Loss of probable support;
  • Loss of companionship, society, comfort and consortium; and
  • Pain suffering and disfigurement of the decedent.

The decedent’s estate can recover for:

  • Decedent’s medical expenses;
  • Funeral expenses; and
  • Punitive damages – for the egregious conduct of the defendant causing the decedent’s death.

Contact An Attorney

If you’ve lost a loved one due to someone else’s negligence, don’t hesitate to contact The Law Offices of Dussault & Zatir to see if you have a case.