A “wrongful death” lawsuit is brought by surviving family based on the allegation that negligence or a reckless act resulted in the death of their relative. The surviving dependents or beneficiaries may seek compensation for damages caused by the wrongful death. Examples of a wrongful death would be a death caused by a car accident where the other driver is at fault or a murder.
Laws covering wrongful death didn’t exist under “common law”, the Jaws traditionally passed down through the centuries from England to the United States. The consideration was that the claim for damages died with the victim. However, individual states have passed wrongful death statutes over the years, and while unique from state to state, all states currently have some form of wrongful death statute or statutes.
Under a wrongful death claim, survivors may sue for compensation for medical bills, burial expenses, and future loss of Income. Certified specialists may be called to testify in a wrongful death lawsuit to determine an accurate estimate of earnings, as well as the loss of care, comfort and society suffered by survivors due to the death of a loved one.
At Johnson & Monteleone LLP, our wrongful death attorneys routinely answer your questions and assist families in establishing which family member is best qualified to bring suit. We also have successfully assisted many families in winning wrongful death cases. To arrange a free, no obligation consultation, please call our office at (208) 331-2100.