A wrongful death claim involves an accident or injury that caused the death of one or more person (you may check what is a personal injury claim here). The person who has caused the death would have to be the at fault party and we’d have to find one or more basis of liability against that individual. A wrongful death case is typically brought by the surviving spouse or family members.
What Type Of Damages Are Available In A Wrongful Death Case?
In a wrongful death case, we are looking at recovering compensatory damages to compensate the family for what the decedent would have provided. For example, a married father dies as a result of an accident. The damages that the spouse and children would look for would be the loss of earnings, the loss of the love and support that the husband would have provided, and the loss of guidance to the children. Some of these things are very difficult to quantify, but part of our job is to make them quantifiable and provide a jury with a basis to calculate damage and loss. There may be a separate claim for medical expenses that the decedent had before dying. There may be other kinds of losses of this type that we have to calculate, and it’s not uncommon that we use economists or other professionals to provide us guidance in calculating damages.
Is There A Certain Statute Of Limitations On Wrongful Death Cases?
Wrongful death cases are typically cases that we will file in extraneous circumstances. We want to file them as soon as possible. Depending on how the injury happened, the limit may be one year or two years. If it is against a governmental entity or a medical malpractice case, there is a shorter time period.