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Who Can File A Wrongful Death Claim?
When someone is involved in an accident that results in death, a wrongful death claim may be filed. The loss of a loved one due to another’s negligence can have devastating consequences for a family.
A wrongful death claim can be pursued against a negligent party who has caused an injury resulting in death. Some examples leading to a wrongful death claim include claims against:
- The at fault driver in a motor vehicle accident.
- The person responsible for constructing a faulty roadway.
- A manufacturer of a defective vehicle.
- A person or bar who sold and served alcohol to an impaired individual.
In a wrongful death claim, the spouse, children or parents of the deceased may bring a claim to recover damages sustained as a result of their loved one’s death.
The damages recoverable in a wrongful death claim include:
- Medical expenses, funeral expenses, burial expenses and estate administration expenses.
- An amount of compensation that will fairly and adequately compensate the family of the decedent (wife, children, parents, etc.) for their loss of any contributions they would have received between the time of the death of their loved one and today. This could include: food, clothing, shelter, medical care, and education.
- Compensation to the spouse and children for loss of services decedent would have provided, such as guidance, moral upbringing, etc.
Wrongful death actions involve a thorough investigation into the facts of the case, gathering all documentation, consulting with forensic economists and medical experts, negotiating with insurance companies, and advising of ongoing status. We will seek to recover projected lost earnings, pain and suffering, and loss of consortium for family members. It is best to consult with a qualified and experienced wrongful death attorney as soon as you realize you may have a wrongful death claim. The attorneys at Berger and Green will help you through the complexities of these types of cases. We understand that no amount of money can truly compensate you for your loss, but our attorneys will fight to obtain the compensation you need to move forward with your life.
Recovering compensation after an accident.
If a loved one was killed in an accident, it is important to contact a personal injury attorney right away to review your family’s rights. You may be able to file a civil wrongful death claim.
Pursuing a claim after losing a loved one will never fill the void left by a loved one’s passing away. It is not a matter of profiting for the family left behind, but rather recovering. The recovery of damages can alleviate the unexpected funeral costs and expenses accrued when a loved one passes.