Wrongful death occurs when an individual is killed as a result of another’s negligence, recklessness or intentional actions or inactions. Each and every type of personal injury case has the potential to lead to a wrongful death action depending upon the severity of the injuries sustained.
Of course, nothing can change the anguish that you undoubtedly feel in the aftermath of losing a loved on in a wrongful death. However, it is important to remember that when a person is killed in an accident caused by the negligence of another, the decedent’s parents, spouse and children (but not siblings) are granted the right bring a suit to recover economic damages, damages for their mental anguish, and any physical pain and suffering endured by the decedent prior to death.
Any one wrongful death beneficiary can bring the wrongful death claim on behalf of the other beneficiaries. A wrongful death claim does not require that an estate be probated, and the person bringing the suit does not have to be an administrator of the estate or a beneficiary of a will.
Related to, but separate from, the wrongful death claim is a “survival claim.” A survival claim is a claim that belongs to the estate of the decedent and is for medical expenses and damages such as pain and suffering that a person suffered prior to their death.
We have extensive experience of recovering for our client’s wrongful death claims, including a $13,500,000 net-to-client settlement for a wrongful death train wreck case and a $4,200,000 net-to-client verdict for the wrongful death of two people in a truck wreck.
If your loved one died as the result of another’s negligence, we will provide compassionate and experienced legal counsel for you to help you through your time of need and get you the compensation you deserve.