When a person is killed as a result of the negligence of another person, the law calls this kind of a claim a "Wrongful Death" claim. Examples of wrongful death claims could include deaths caused by:
- Drunk driving or other negligent driving decisions
- The manufacture of a defective or dangerous product
- The construction of an unsound structure or building
- Construction accident
- Medical malpractice
The term "wrongful death" really refers to the type of damage suffered, and the cause may be any one or more types of negligence claims. There is usually a second claim asserted for the "conscious pain and suffering" of the decedent before their death, where appropriate.
It is a spouse, child or parent of the person who has died who usually brings the wrongful death claim or lawsuit. The reasons behind bringing a claim like this are varied, but in some instances, these claims are filed in order to obtain monetary damages to cover the earnings the deceased person would have provided to those who have been left behind. Other damages that may be recovered, depending on the law of the jurisdiction, include:
- Expense associated with the death, e.g., medical and funeral
- Lost benefits, such as insurance, from the death
- Loss of inheritance from an untimely death
- Grief or mental anguish of the survivor
- Loss of companionship, care or protection
- Punitive damages, intended to punish wrongdoers and prevent them from harming others
Contact Us For Help Getting The Justice You And Your Loved One Deserve
If you live in the Capital District of New York, or the Greater Metropolitan Atlanta area, and a loved one has suffered a wrongful death, you may be eligible to receive compensation under the law. Call us at 518-631-4139 in the Northeast, or 888-324-7261 in the Southeast or contact us online for a FREE consultation.