Nothing affects a family more than the unexpected death of a loved one. Losing a parent, child, or sibling due to the negligence of another person can be a profoundly difficult experience. In addition to the significant mental and emotional trauma of losing a loved one, families may also experience significant financial difficulties due to the loss of support of the family member. Our civil justice system recognized the need for a legal remedy for the families of victims lost to accidents, negligence and wrongful conduct.
While compensation from a wrongful death lawsuit cannot replace the loss of a loved one, it can provide justice to a family and alleviate the financial burden resulting from a loss.Wrongful Death Definition
The term “wrongful death” is used to refer to the death of a person caused by someone’s wrongful or negligent act or omission. The wrongful death action is designed to provide compensation for relatives who depended upon the deceased for financial and emotional support.Who Can File a Wrongful Death Claim?
The wrongful death statute allows certain family members to file a wrongful death claim in civil court. Depending upon relationship of the surviving family members, the following persons may be eligible file a wrongful death claim:
- Surviving spouse
- Surviving parent or child
- Surviving siblings
- Personal representatives of the estate
The court will consider a number of factors in determining the amount of damages awarded to the survivors of the deceased. These factors include:
- The medical expenses of the deceased prior to death
- Cost of funeral and burial services
- Pain and suffering endured
- Loss of companionship and society
- Lost wages and benefits the deceased would have provided
These economic and noneconomic damages are designed to compensate the victims for their tremendousContact a Wrongful Death Attorney
The attorneys at Davis & Williams PLLC have been helping people recover compensation for wrongful deaths caused by motor vehicle accidents, defective products and other negligent acts for more than 25 years. Our attorneys understand the challenges a family faces after a wrongful death and are dedicated to seeking just compensation for the surviving loved ones. If you have a question about a fatal accident and wrongful death claims, do not hesitate to reach out for the help you need. Contact us today for a free consultation to discuss your potential case.