Getting Fair Compensation For A Wrongful Death Claim

Wrongful death attorneys are helpful in defending and in asserting your rights in wrongful death matters. In a wrongful death claim the family of the deceased will claim that the deceased died as a result of negligence or other liability on the part of the defendant. The surviving beneficiaries and dependents are entitled to monetary damages because of the defendant’s actions and conducts.

Wrongful death law describes the rights and duties of the respective parties. The laws pertaining to wrongful death seek to provide financial compensation to the heirs of a deceased, when the death was caused due to negligence, omission, wrongful acts or default of another. Meaning the laws seek to compensate the heirs when someone failure to act reasonably caused the death of the deceased or was a substantial factor in bringing about the death of the deceased.

As in most wrongful civil conduct there are no federal statutes for wrongful death, so each state has made its own set of civil wrongful death statutes and the laws vary from state to state a little bit. Compensation depends on several factors, such as the age of the deceased, the income the deceased earned from all sources including activities other than work. The greater the income the greater the claim. The younger the deceased likewise the greater the expected life time earnings. There are no exceptions for children, but the compensation is often lower because they are not expected to earn any income. There are also other factors such the involvement of the deceased in everyday activities with the survivors. A recently separated spouse would likely be entitled to less than a spouse that had just renewed her wedding vowels.

Wrongful death can be caused in many different ways including medical malpractice which results in the deceased’s death, neglect or abuse on part of the staff at a nursing home, as a result of a car accident, a bus accident, a train accident, a plane accident, a boating accident, and numerous other accidents. The issue is always whether the defendant did something wrong.

The spouses and the children of the deceased may file wrongful death lawsuits, and if there were not children or spouse, then other immediate family members may file suit. They heirs are entitled to monetary compensation to make them whole for the damage they suffered.

The compensation can includes loss of support, society, companionship, and also medical and funeral expenses and services.

To initiate a lawsuit there are time limitations which vary depending on the specific circumstances leading to the death and the specific state where the death occurred.

A grieving family is not likely to think about making a wrongful death claim, but unfortunately the law works against those that wait. A wrongful death claim is a very serious matter and the heirs should consult with an attorney as early as possible. In some cases consulting with an attorney after six months have elapsed may be too long. It is advisable that potential claimants consult with an attorney as soon as possible.

Speak with a San Diego Personal injury attorney today San Diego Personal Injury Attorney

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One Response

  1. do you know if a parent that has never supported a child in the state of tennessee can collect on a wrongful death lawsuit

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