When someone’s negligence causes the death of another, the deceased person’s estate has a wrongful death claim. The court appoints a personal representative of the decedent’s estate.
Many times, an accident is not just an accident. Some accidents have tragic results and people lose their lives and loved ones.
The death of a spouse or family member is always a tragic situation, and it is made more so if the loved one’s death resulted from a wrongful action or liability. If you find yourself in this situation, you have recourse. OlsenDaines can help. The following are just a few examples of when a wrongful death claim may be applicable: a person is intentionally killed; a person dies as a result of medical malpractice; a person is killed in a car accident that resulted from another driver’s negligence.
Who can file?
The decedent’s estate holds the right to bring the claim, but it must do so through the Personal Representative, who is a appointed by a probate court. Generally, the surviving family member is appointed as personal representative, but every situation is different.
What can you potentially recover for?
Damages that are potentially recoverable in a wrongful death claim include:
- The deceased’s pain and suffering prior to death
- Medical costs the deceased incurred prior to death
- Funeral and burial costs
- The deceased’s lost income
- Loss of consortium or care and nurturing the deceased would have provided
OlsenDaines has the experience and competence to ensure that you recover all the damages resulting from a wrongful death that you or your loved one’s estate is entitled to. You can reach us at 1-800-682-9568 to schedule a consultation.