Wrongful Death

Who is entitled to collect on a wrongful death claim?
The beneficiaries allowed to collect on a wrongful death claim include spouses, children, or other surviving family members. Minors are required to have an adult guardian file on their behalf.

What damages am I entitled to collect on my loved one’s wrongful death claim?
Check with an experienced wrongful death attorney for damages collectable in your specific case. You may be entitled to receive damages for pain and suffering, lost wages, mental anguish, loss of companionship, medical costs, lost inheritance, and other expenses. Damages may vary depending on state law and your relationship to the deceased person. The courts will determine how your financial and emotional losses are to be quantified, and what amount of compensation you are owed.

How do the courts determine if a death is considered eligible for wrongful death compensation?
The law says that a wrongful death must have been caused by another’s negligence, recklessness, malpractice, or inaction. The surviving family members may collect compensation based on a wrongful death ruling.

What is the statute of limitations on my loved one’s wrongful death claim?
Depending on state law, family members have a limited amount of time with which to file a lawsuit (usually between one and three years). Waiting too long to file could render your claim invalid.

Why is it so difficult to prove a wrongful death claim?
It can be a challenge to show that the death was actually caused by the negligence of the defendant, especially when there are other contributing factors. The attorney must estimate a life expectancy had the death not occurred, and present it in quantifiable monetary damages. The attorney must also show a strong relationship existed between the deceased and the beneficiary, and show how the beneficiary is suffering.