Wrongful Death
Wrongful death is the legal term used when one person dies as a result of another person's actions. A wrongful death can result from many different things, such as:
- Auto Accidents
- Medical Malpractice
- Product Liability
- Truck Accidents
- Motorcycle Accidents
- Dangerous Drugs
Unfortunately, since the person who dies (the decedent) cannot file a wrongful death claim, the surviving members of their family must file the wrongful death claim for them.
In most states, only the members of the decedent's immediate family are able to file the wrongful death claim, but some states extend the wrongful death claim to cousins, aunts, uncles, or grandparents.
Sometimes, if the only surviving member of the decedent's family is under 18 years of age, the court will assign a guardian to act in their best interests during the wrongful death claim.
A wrongful death claim is separate from the criminal action because the wrongful death claim compensates the decedent's surviving family for losses that they have or will experience as a result of the death. The losses that the surviving family members may recover include:
- Medical Expenses
- Funeral Expenses
- Loss of Anticipated Earnings
- Punitive Damages
- Loss of Benefits
- Pain and Suffering
- Mental Anguish
- Loss of Inheritance
- Loss of Companionship
- General Damages
Although a wrongful death is a terrible thing, it is important to act quickly if you are filing a wrongful death claim. Many states have statutes of limitations that limit the amount of time you have to file your wrongful death claim.
Filing a wrongful death claim and determining the amount of compensation your family deserves as a result, can be extremely complicated and emotionally difficult. A wrongful death lawyer will be able to assist you throughout the entire process. During the wrongful death claim process, your experienced lawyer will help show that the other party's negligence caused the death of your family member. An experienced wrongful death lawyer understands all aspects of these stressful claims, and they can help you identify what losses you have and will experience.
Frequently Asked Wrongful Death Questions
If one of your loved ones has passed away, and you believe it is the result of another person's negligence, contact the wrongful death lawyers at the Law Offices of Michael A. DeMayo, L.L.P. today. Our experienced wrongful death lawyers will provide you with a free initial consultation.
