Wrongful Death

When someone dies due to the negligence of another, surviving family members can bring a wrongful death claim against the responsible party. In a wrongful death action, the plaintiff is suing for damages suffered by him/her due to the death of their family member. Wrongful death actions can be brought by surviving spouses, children, grandchildren (if no surviving children), dependent parents, dependent stepchildren, and next of kin. Damages can be sought for funeral/burial expenses, loss of financial support, loss of the reasonable value of household services the deceased person (“decedent”) would have provided, loss of marital relations, and loss of companionship.

Survival Action

Typically, when a wrongful death claim is brought, a survival action is also brought on behalf of the decedent by the personal representative of the decedent’s estate. We will seek damages in the amount that is equal to the decedent’s income were he still alive. The personal representative for the decedent can claim damages for economic damages such as medical expenses and lost wages.

Because the people who would benefit from a wrongful death claim and a survival action are typically the same people, the two claims are usually included in one lawsuit. This avoids the need for separate lawsuits and reduces the time, grief, and expense of two separate lawsuits.

If your loved one has died due to the negligence of another, contact The Law Offices of Taylor P. Call for a free consultation.

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