Damages That May Be Recovered in a Wrongful Death ClaimA wrongful death occurs when someone is killed as a result of someone else's irresponsible, negligent or willful behavior.
If the wrongful death was caused by a defective product, you may be able to win compensation for the death if you can prove there was defect in the design, manufacturing or marketing of the product. Unlike other personal injury claims, product liability cases are considered strict liability offenses and you will only have to prove that the product was defective, regardless of the care that was exercised by the manufacturer or whether their negligence caused the death.
Obviously, there is nothing in this world that could compensate or ease the pain and sorrow of losing your family member due to the negligence of another person. When a life has been taken in a way that should not have happened, no amount of damages or monetary payment will make up for the loss.
Wrongful death claims, however, will provide monetary compensation and may allow you to hold the guilty party responsible for your family members death. At the very least you may be able to get justice for the deceased and maybe, if the defendant is punished and modifies their future actions, prevent the death of another person in the future.
When a wrongful death occurs, the immediate family of the decedent is allowed to file a wrongful death claim. Each state has its own wrongful death statutes and laws. In most states, however, an immediate family member, such as a spouse, child or parent is allowed to file a wrongful death claim.
One of the primary purposes of a wrongful death claim or lawsuit is the recovery of damages. Damages from a wrongful death may be extensive and costly. If the deceased is the primary wage earner for the family the economic loss may also be very high.
Compensation offered if you win a wrongful death claim
What types of compensation can you expect if you win a wrongful death claim? Again, although it varies from state to state, here are some of the types of damages that you may be able to recover in a wrongful death claim. They include:
? Loss of companionship, love and society of the deceased
? The value of services and goods the decedent would have provided
? Loss of the advice, training, care, nurturing, guidance and protection of the deceased
? Medical and funeral expenses in connection with the death
? Damages for the survivors pain, mental anguish and suffering
? Loss of an inheritance due to the untimely death
? Loss of benefits like medical coverage or pension plans
? Loss of the decedents expected earnings.
If you have questions about your rights to file a wrongful death claim or whether or not you are entitled to compensation from the untimely death of a loved one, contact the attorneys at www.personalinjuryplace.com. The attorneys at www.personalinjuryplace.com are ready to answer your questions.