Wrongful death claims allow the victim to file a lawsuit against the party who has suffered the loss. If a person dies as the result of a personal injury, their family member can bring what is called a wrongful death lawsuit. The wrongful death law allows the deceased closest surviving relative to be awarded damages for the beneficiaries of the deceased.
Wrongful Death Damages
A person can suffer the following damages in a wrongful death case:
- the deceased person’s pre-death pain and suffering
- the medical costs faced by the deceased
- funeral and burial costs
- loss of income related with the person
- loss of the deceased person’s expected income
- Loss of care loss of love and companionship, and
- Loss of consortium.
Who May Sue for Wrongful Death?
Immediate family members: Immediate family members like spouse, children and unmarried children can recover compensation and benefits under wrongful death actions. They should consult an experienced lawyer to win the case.
Life partners, financial dependents, and alleged spouses: A life partner who was financially dependent on the decedent and a supposed spouse can file the lawsuit. If the parents were financially dependent on their child they will be given the required compensation.
All persons who suffer financially: the persons who suffer financially from the death can bring a wrongful death action. It is not necessary for them to be related by blood or marriage to the victim.
Distant family members: Some states permits the distant family members such as brothers, sisters etc to carry forward the case.
The Law Office of Stephanie G. Ovadia has provided personal injury legal help for people on Long Island. She has handled all types of personal injury matters, from car accidents to wrongful death claims. Stephanie Ovadia provides legal support in various other areas of law also. She provides free consultation for all potential personal injury claims.