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Spotlight on Wrongful Death Awards
June 2009
Who Collects the Award for Damages at the Close of a Wrongful Death Suit?
As with all specific factors regarding a wrongful death suit, states vary on who can collect in a wrongful death action. Most states allow children and spouses of the deceased to collect and some states also allow parents of deceased children to collect. A personal representative of the estate is allowed to file a wrongful death suit in order to collect payments for medical and funeral expenses which would be paid out of the estate.
Learn more about Collecting the Award>>>
- If you need legal help with a Wrongful Death Claim, please consult with a Wrongful Death Lawyer near you to discuss the details of your case. The content of this website is provided for informational purposes only.
It is very difficult to cope with the death of a loved one, but when the death was caused by the negligence of another, the effects are intensified. Amidst the pain and sorrow, you know that an injustice has occurred, but you are not sure what options are open to you or where to begin. We can help.
Eligibility
Wrongful death occurs when an individual is fatally injured due to misconduct or through the negligence of another person, company, or entity. In such cases, immediate family members, including parents, spouses, and children, are almost always eligible to file the claim. Minors who are filing a claim may need an adult guardian to take the wrongful death lawsuit to court. Some states also permit additional family members, such as stepparents, grandparents, and dependents, to file suit.
Types of Wrongful Death
Although wrongful death is most often caused by doctor negligence, it can also be a direct result of reckless behavior, reckless driving, dental malpractice, product malfunction, unsafe premises, or sport related accidents. Whether a drunk driver killed a family member, your spouse died due to medical malpractice, or your child was killed on unsafe playground premises, the loss of your loved was caused by another person, which can be held accountable in court.
Damages
In addition to the severe emotional trauma caused by a sudden death, there are other factors that weigh heavily on the shoulders of the dependents. If an injustice has occurred, grief may be prolonged. Anticipated earnings until the expected time of retirement, as well as medical bills and other expenses, is an issue which needs to be addressed. Our attorneys will fight for your family's rights in court. We can seek compensation for families of the deceased to cover the following:
- Medical and Funeral Costs
- Lost Wages Including Future Earnings
- Lost Benefits
- Lost Inheritance
- Pain and Suffering
- Mental Anguish
- Loss of Support or Companionship
- General Damages
Federal laws and state statutes may limit the amount of time you have to file your wrongful death lawsuit. Don't delay! A full investigation is essential for filing a wrongful death claim. Time is of the essence.
- If you need legal assistance with Wrongful Death Claim, please consult with a Wrongful Death Lawyer near you to discuss the details of your case. The content of this article is provided for informational purposes only.
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