Wrongful death occurs when a person is killed due to the negligence or misconduct of another individual or company. The purpose of wrongful death laws is to compensate the survivors of a victim of wrongful death. Every state has a civil set of statutes, which establish the procedures for bringing wrongful death actions. A wrongful death claim may arise out of a number of circumstances, such as medical malpractice, death during a supervised activity, or automobile accident.
Wrongful Death Damages
There are different kinds of damages that survivors of a wrongful death victim can recover in a wrongful death claim. After first establishing that a wrongful death did occur, survivors can claim compensation for medical and funeral expenses, loss of earnings and benefits caused by the loss, loss of inheritance, pain and suffering, as well as the loss of love and companionship. These wrongful death claims must be demonstrated by the history of a relationship both financially and emotionally between the survivors and the deceased.
Wrongful Death Laws
The purpose of wrongful death laws is to compensate the survivors of a victim of wrongful death. Those who bring a valid wrongful death claim can be compensated for many forms of loss such as medical and funeral expenses and punitive damages. Punitive damages are awarded in cases of serious or malicious wrongdoing to punish the wrongdoer. A damage award will include interest from the date of the decedent's death. The actual amount of wrongful death damages will be awarded based on the actual losses experienced by each particular survivor.
Choosing the Right Attorney
When choosing a wrongful death attorney, it is especially necessary to find a lawyer with a proven success and knowledge in this area of the law. As with any personal injury claim, there is a time component governing when a wrongful death action must be filed. An attorney will inform you of your rights under state laws and assist in making numerous time-sensitive decisions that could affect your case.