WRONGFUL DEATH LAWYER
The most painful experience is losing a loved one. Whether they are friend or family, the effect of their death is heartbreaking and difficult. While some deaths can be foreseen—old age, a long suffering with cancer—others are instant and unknown until last minute.
Wrongful death occurs when a friend or family member is killed due to the misconduct or negligence of another. Wrongful death claims arise from a variety of causes:
- Automobile accidents
- Truck accidents
- Pedestrian accidents
- Construction accidents
- Hinting or firearm accidents
- Exposure to hazardous substances in
one’s occupation
- Death during a supervised activity
- Medical malpractice
The immediate family of the victim may file the wrongful death claim, most commonly the personal representative of the deceased’s estate.
The victim’s estate representative may file a number of damages for the immediate family.
- Pecuniary damages may include the loss of support, services, inheritance, and funeral expenses. These detail lost wages earned by the deceased, future earnings, and loss of parental guidance.
- Some cases may require expert testimony to determine pecuniary loss, establishing the value of the deceased to the family.
- In seriously malicious wrongful death cases, punitive damages may also be awarded. These are state-specific statutes, and should be examined by an experienced wrongful death attorney.
Wrongful death cases involving children are especially difficult for the family affected. Damages applied to these cases are limited to pecuniary loss, determined by:
- The sex, age, life expectancy, work expectancy, and health of the child victim.
- The earning potential of the child victim.
- The relationship of the deceased to the claimants.
- The age, health, and circumstances of those claimants.
Much of this involves speculation, and is often very difficult to determine in extremely young children. In these cases, it is integral to hire an experienced and aggressive wrongful death attorney to pursue the case, in order to secure your claim. |