When a wrongful death claim is filed, it is understood that the death was caused by the injury sustained due to the negligence or liability of another party. The survivors will then bring the lawsuit against the defendants and will seek monetary compensation for the losses incurred. With each state having its own and specific set of statute of limitations that will determine the eligibility of each wrongful death claim, it is best to get legal advise from a personal injury attorney to validate your claim and help you weigh your options and provide you with the best solution to get the best possible result for your claim.
The laws on wrongful death resulting from personal injuries vary from state to state. Some states entitle the next of kin to file the lawsuit in their own names following the death of the decedent. The individual beneficiaries in question are usually the spouse or children, and some states also designate parents as claimants. Most states will not honor others as claimants other than the spouse, children or parents unless the scope of the state's wrongful death act has been expanded to includes other dependents, such as siblings or other members of the extended family.
It is not necessary that defendant's conduct be the only cause of death. Liability can be contributory, as generally accepted in tort laws. Once the defendant is found accountable and legally liable for the death of a person, the claimants may then recover the cost of damages that include the deceased's medical expenses and treatment, funeral and burial expenses, lost wages and lost future earnings, health insurance coverage, and other general and punitive damages. The claimants may also be able to recover other damages arising from pain and suffering or mental anguish caused by the death of their loved one.
A wrongful death claim can be very overwhelming, as the emotional drain that the claimants go through gets very stressful. In order to alleviate that stress, the best course of action is to get legal counsel from an experienced attorney that handles wrongful death claims. This way, you avoid all the red tape that comes from the complex procedures and paperwork. A wrongful death claim also gets complicated by virtue of calculating the total amount of claim that the beneficiary can get. The total amount of loss is calculated based on the life expectancy and work life expectancy of the deceased, plus many other factors. Therefore a personal injury attorney will be in the best position to calculate the total amount of loss incurred to which the claimants are entitled.
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