A wrongful death claim is a claim that arises from a person’s death caused by the negligence or wrongful conduct of another person or company or a defective product. A wrongful death suit is different from a personal injury suit, because the victim is not bringing the suit; rather the suit is brought by a family member of the deceased.
A wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the victim’s death.
How do I file a wrongful death lawsuit?
The attorneys at Davis & Crump can help you take legal action. Filing a wrongful death claim and identifying the amount of compensation deserved by your family can be complex, especially at a time when family members mourn the loss of a loved one. We are compassionate attorneys who will be sensitive in your time of sorrow.
The experienced lawyers at our firm understand all aspects of these stressful claims, and will help you determine what losses you have now and in the future. We strive to protect the part of your future you can control – your financial security.
As your lawyers, we will do all we can under the law to help you gain financial recovery to assist you with the medical bills, lost income and other expenses you face. You can rely on our team for unparalleled attention to both you and your case.
Determining losses in a wrongful death lawsuit
Damages in a wrongful death claim are intended to compensate for the loss of a family member. Some losses are measurable. For instance, a victim’s spouse may be able to recover for the loss of financial support that she or he would have received had the spouse lived. Types of recoverable damages include medical and funeral costs, loss of benefits, loss of earnings, loss of companionship, and punitive damages. Punitive damages are an amount of money paid by the defendant as punishment for his or her willful misconduct or gross negligence that resulted in the victim’s death.
There are several factors involved in calculating damages. They include how dependent the plaintiff was on the deceased; what relationship the plaintiff had with the deceased; the anticipated lifespan of the deceased; the anticipated earnings or other benefits of the deceased; and the presence of any comparative fault on the part of the deceased.
In wrongful death suits, more than one family member may be entitled to an award. This will depend on distribution under the wrongful death statute in your state.
For Experienced Help, Contact a Wrongful Death Lawyer at Davis & Crump
If you have a family member that has died as a result of the negligence of another person or company and would like to have your claim evaluated by an attorney, contact us at 1-800-277-0300. Our experienced team is standing by to assist you with your claim.
Fill out a free claim evaluation or call us at 1-800-277-0300 to get started.
