Wrongful Death Cases
When a person is killed by the negligence of another, this is called “wrongful death.” Wrongful death cases can arise out of numerous types of accidents including car accidents, trucking accidents, motorcycle accidents, boating accidents, work accidents, dangerous premises, dog and animal attacks, and a number of other catastrophic events. There are two parts to a wrongful death case. The first part is called, simply enough, “wrongful death.” This part of the case is normally brought by the surviving spouse, children, and/or parents of the deceased person. Not only would they seek damages for the loss of the love, society and companionship of the deceased, they would also be entitled to damages for the loss of future support. For example, if a person is killed in an accident and leaves behind a wife and two young children, then those family members have not only lost a beloved husband and father, but they also lost the benefit of the earnings and financial support that they would have received had the person lived. Likewise, the surviving family members would be entitled to collect damages to recover these losses.
The second part of a wrongful death claim is called a “survival action.” These claims actually belong to the estate of the deceased and can be prosecuted by the personal representative of the estate. Survival claims would include recovery of damages for the actual injury suffered by the deceased and would be payable
to the deceased’s estate as if the deceased had lived.
The surviving spouse, child or parent of a deceased family member can assert both a wrongful death and survival action as the result of an accident.
If you are the unfortunate victim of the wrongful death of a loved one, then it is very important to get proper legal representation from an experienced lawyer. Call or Contact Us now for free consultation and personal case review.
