If you have suffered the loss of a family member due to the negligence of another person, you may be able to recover for your loved one’s wrongful death. Some of the most frequent causes of wrongful death are: medical malpractice; car accidents/ truck accidents; negligence; personal injury accidents; defective products; and fatal emergency room errors.
In wrongful death cases, there are two actions available: a wrongful death claim and a survival claim.
Wrongful Death Action
In a wrongful death lawsuit, an action is brought on behalf of the parents, children, and spouse of the deceased to recover damages suffered by the surviving family. Damages are awarded based on the loss to the loved ones, not the victim. Recoverable damages include:
- Pain and Suffering
- The Loss of the Deceased’s Income
- Hospital, funeral, and Burial Expenses
- Loss of the Deceased’s Companionship, Consortium, Services, and Support
A survival lawsuit is brought by the estate on behalf of the deceased to recover damages for the pain and suffering of the deceased. More specifically, a survival action is available when the injured or damaged person dies, but that deceased’s claim against the at-fault party continues to “survive.” The estate is allowed to bring the action on behalf of the decedent to recover all damages. These damages are measured by the actual harm the deceased suffered prior to death. A survivor who actually witnessed the death can also sue for emotional trauma.
Suffering the death of a loved one is all the more difficult to bear when the death could have been prevented. The highly trained team of trial lawyers at Klaproth Law is ready to provide you with the tireless legal representation to ensure that we maximize the recovery you are entitled to for your suffering.
Please contact Klaproth Law to find out how we can assist you in your wrongful death claim case.