Wrongful death cases occur in a number of different situations, including automobile accidents, construction site accidents, and medical malpractice. Generally, a surviving spouse and children are entitled to compensation for the wrongful death of a loved one. The goal of a wrongful death case is to compensate the survivors and beneficiaries for their loss. A wrongful death lawsuit alleges that the victim was killed as a result of the negligence (or other liability) on the part of the defendant and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant’s conduct.

In addition to a claim for “wrongful death” for the value of the person’s life the estate of the person also has a right to seek recovery for pain and suffering, if appropriate, and for economic losses such as medical and funeral expenses. Depending on the circumstances, a claim for punitive damages may also be brought.

Determining the appropriate value of a claim for “wrongful death ” and for the estate’s claim is complicated. It involves evaluating the nature and extent of the injury which led to the person’s death, the economic losses that are recoverable, and the liability issues related to the situation.

Family members often find it difficult to pursue legal action soon after a loss, but the importance of a prompt investigation of the circumstances of the death, including collecting evidence can not be underestimated. Losing a loved one is hard enough without also having to worry about the negligence or intentional misconduct that led to the loved one’s death.

A claim may be denied if it is filed after the statute of limitations has run, even if it is a valid claim. It is important that you speak with a qualified attorney at your earliest opportunity in order to preserve your rights. Taking early action may also help to safeguard evidence. If you believe a loved one died as a result of the negligence of another, their estate and/or their family may be entitled to compensation.

If you or a loved one have been injured due to the negligence of another person please contact the law firm of Reeder & Nussbaum P.A.