Losing a loved one because of another party’s negligence can be unthinkable. Family members may lose loved ones in fatal, car truck and other types of accidents. Surviving family members should be familiar with how wrong death legal protections can help them.
What is a wrongful death claim?
A wrongful death claim for damages is a personal injury legal claim brought on behalf of the lost loved one’s estate for the benefit of the victim’s surviving family members. It is brought against the negligent party responsible for the fatal accident such as the negligent driver who caused the crash.
Who can bring a wrongful death claim for damages?
A wrongful death claim can be brought by the personal representative of the victim’s estate. Though a wrongful death claim for damages is brought by the lost loved one’s estate, the damages are for the benefit of a surviving spouse, the children and the parents of the victim.
What damages are available for wrongful death?
Compensatory damages may be recovered in a wrongful death claim to help surviving family members. Damages that may be available can include compensation for the loss of support of the reasonably expected earning capacity of the victim; loss of support and services of the victim; loss of companionship and consortium with the victim; loss of prospective inheritance of the victim’s heirs at the time of the victim’s passing; and the mental anguish of the surviving spouse and dependent children.
In addition to the loss of companionship and consortium, compensation for damages including loss of care, assistance, attention, protection, counsel, advice, guidance, instruction, training and education may also be available. These damages may be suffered by the surviving spouse and children related to their loss of the loved one.
The period of time following a fatal accident can be devastating for family members of the victim. When a loved one has been wrongfully lost, their family members should be familiar with wrongful death legal protections and what they do.