Wrongful Death

A wrongful death claim can be complicated, which is why it is so important to have an experienced wrongful death attorney on your side. As the survivor of a loved one, you can file a wrongful death lawsuit for the recovery of the following three kinds of damages:

1. The loss of the love, companionship, comfort, affection, society, solace, moral support, and (if a spouse is a claimant) consortium of the decedent;
2. The value of the household services the decedent would have provided in the future, if any, and
3. The value of the financial support which the claimant would have received from the decedent but for the death.

Elements of a Wrongful Death Lawsuit

In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being;
• Caused by another's negligence, or with intent to cause harm;
• The survival of family members who are suffering monetary injury as a result of the death, and;
• The appointment of a personal representative for the decedent's estate.

A wrongful death claim may arise out of a number of circumstances, such as in the following situations:

• Automobile accident; and
• Occupational exposure to hazardous conditions or substances.

Who may file a Wrongful Death Claim

After a loved one has passed away, there are only certain people who may file a wrongful death claim. First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent. These survivors can file separately or jointly. If these types of claimants do not exist, next in line are the person's:

• parents;
• then brothers and sisters;
• then the children of deceased brothers and sisters;
• then grandparents;
• and then their lineal descendants