Who can file a wrongful death claim?
A wrongful death case is typically filed by the personal representative of the estate. The personal representative can be any “interested party”, but is typically the person or persons who may be entitled to damages or who suffer damages and survive the deceased. That person is typically the deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters, and, if none of these persons survive the deceased, then those persons to whom the estate of the deceased would pass under the laws of intestate succession determined as of the date of death of the deceased. READ MORE
Who benefits from a wrongful death claim?
The person or persons who may be entitled to damages shall be limited to any of the following who suffer damages and survive the deceased including the following:the deceased’s spouse, deceased’s children, descendants, parents, grandparents, brothers and sisters, and, if none of these persons survive the deceased, then those persons to whom the estate of the deceased would pass under the laws of intestate succession determined as of the date of death of the deceased. READ MORE
What is a wrongful death claim?
A wrongful death claim is a lawsuit filed by the estate (or the family) of someone who has died as a result of someone’s negligence or wrongful acts. Basically it is the lawsuit that the person would be able to file if they were still alive. For example, if the person lived they would file an auto negligence suit. If the person died in the accident, the estate (or family) would file a wrongful death auto accident lawsuit. A wrongful death claims applies to any situation where the injury or damages are the victim’s death. READ MORE
What can be recovered in a wrongful death case?
Wrongful death lawyers can get their clients compensation for loses related to the death of a loved one, including: Medical expenses, Hospital expenses, Funeral costs, Deceased’s pain and suffering prior to death. Compensation may also be awarded for issues affecting the family members, including: Loss of Companionship, Financial support, Parental support, Mental distress, Emotional pain, and Loss of wages. The personel representative of the estate stated the wrongful death lawsuit for the benefit of the heirs. The recovery is paid to the estate. The estate then pays the recovery (money) to the heirs. READ MORE