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When a loved one dies from the negligent acts of another person (i.e. medical malpractice or negligent driving, etc.), as their surviving family member you have a claim for your loved one’s wrongful death. A civil action for wrongful death can be brought in the name of the executor of your loved one’s estate for the benefit of surviving family members. All surviving immediate family members (spouse, children and parents) are presumed to have suffered from the loss of your loved one. The immediate family and other family members may all be entitled to compensation.
Things you should know:
- The statute of limitations for wrongful death cases is limited and in most cases may only be two years.
- Compensation that may be eligible to be recovered through a wrongful death lawsuit include: loss of support from your loved one’s earning capacity, funeral and burial expenses, loss of services, loss of the companionship etc., loss of prospective inheritance and even mental anguish or emotional pain and suffering.
- Often times a wrongful death may occur in the context of others suffering personal injury, such as an auto accident. In such cases, the wrongful death claims and the personal injury claims may be presented together in one overall lawsuit.
- If the wrongful death lawsuit is litigated and an acceptable settlement is reached by all parties, the probate court of the resident’s county must approve both the amount of the settlement, the attorney’s fees, and the share of the settlement to be paid to each surviving family member.
- We understand that you have suffered a great loss, and money cannot change that. Financial compensation, however, may be able to ease some of your burdens, and pursuing justice on behalf of your loved one can help you move forward with your life.
- Contact us for a free consultation.