Wrongful Death Lawyers Dedicated To Getting Results for Loved Ones

Who Can File a Wrongful Death Claim?

Wrongful death only occurs when the loss of life is due to someone else’s negligent actions. When you file a wrongful death lawsuit with your personal representative, you are trying to obtain compensation from the at-fault party (and possibly punitive damages).  

Wrongful death cases are incredibly complex and different from other personal injury cases. In a typical personal injury case, the victim files the claim against the responsible party. The family or estate must file a claim to recover damages in a wrongful death case. 

When you have a family member that has suffered fatal injuries due to the negligence of another, there are two separate and unique types of wrongful death claims:  

The Wrongful Death Claim – This traditional claim establishes the “full value of the life of the deceased” taken by the negligence of another. This claim is brought on the part of the deceased person’s surviving family members (surviving spouse, surviving children). It includes monetary damages to relieve the financial burden of the family. These claims include all types of damage, like lost wages and benefits, medical bills, loss of care, loss of companionship, loss of consortium, loss of income, loss of services, and other intangible benefits.    

The Estate Claim – The estate can only bring forth this claim, and it is not for the value of the life of the expired, but instead for any expenses the estate has acquired resulting from the injury and death and pain and suffering. Damages that the estate may recover in this claim include medical expenses, funeral and burial expenses, other economic losses, and conscious emotional pain and suffering endured by the deceased before death.