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.