When death results from negligence or a wrongful act, the surviving family has a right to recover for their loss. Wrongful death recovery includes compensation for the lost earning capacity of the deceased and compensation to the survivors for their losses, including the loss of companionship, society and comfort.
Wrongful death or injury may be the result of negligent or intentional conduct on the part of the offending party. In a wrongful death or accident claim, it is important that the victim or, in the case of death, the heirs, receive proper compensation. However, there are sometimes other reasons for pursuing such a case. In many situations, the case itself will help prevent others from being injured or killed in the same manner in the future.
Damages in wrongful death cases may include:
- Medical, hospital, funeral and burial expenses;
- Compensation for the decedent's pain and suffering, during any period of consciousness between the time of injury and death;
- Losses suffered by the decedent's spouse, children, or possibly next of kin, including:
- loss of financial support
- loss of service
- loss of gifts or other valuable gratuities
- loss of parental training and guidance
- loss of society and companionship
Like all the cases I take, Wrongful Death cases are handled on a contingency basis with no obligation or fee for the first consultation.