Wrongful Death

What is Wrongful Death?
Wrongful Death is a lawsuit which is brought by a close family relative against the person or entity which caused the death of a loved one due to a negligent act. It can be an emotional and financial devastation to the family involved. When a loved one is wrongfully killed, not only is there mental anguish but there are often medical, hospital and funeral expenses which must be addressed.

Who receives the proceeds of a Wrongful Death lawsuit or claim?
The close family relative is the one that is asking to be compensated for the taking of life of another close family member. A wrongful death claim allows the surviving relative a cause of action which entitles him/her to recover for the loss of financial support, love and affection, companionship and care that would normally be provided by the deceased had he/she not died.

Does the Individual who has died have any rights to claim monies recovered under a Wrongful death lawsuit or claim?
Generally, the estate of the deceased would not have any right to make a claim for pain and suffering of the deceased. However, the personal representative for the estate of the deceased can bring a claim for medical, funeral or any expenses directly related to the accident.

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