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Wrongful Death

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Wrongful Death Lawsuits

A wrongful death lawsuit is a claim that the deceased individual or party was killed because of the negligence on the part of the defendant(s), and that the still-living dependants are entitled to receive monetary compensation for the defendant's negligence.

Wrongful death claims did not exist under "common law." "Common law" dictated that the claim died with the victim and that surviving family members were not entitled to damages from the person responsible for the death of the victim. However, states have stepped in and passed wrongful death statutes in order to correct this injustice. In fact, every state in the US has some form of wrongful death claim action today.

The statutes and laws surrounding wrongful death in our state determine that only the heirs and dependents of the deceased are entitled and authorized to receive damages for the wrongful death of their loved one. These individuals may seek compensation for the loss of love, companionship, and moral support that they once shared with the deceased, in addition to the financial support that they would have received if not for the neglect, accident, or homicidal death of the victim.

The sudden and unexpected death of a family member is a tragic and devastating experience for those who knew and loved the victim. The fact that this death resulted from the negligence of another person makes it even harder to accept. When this does happen, and a loved one dies due to the carelessness or lack of safety measures taken by another person or party, family members should receive compensation for their loss.

Assessing the value of a wrongful death claim is often times very complex. The nature and extent of the injury which led to death, the recoverable economic losses, and the liability law relevant to the circumstances all must be factored into this valuation. Additionally, the location of the trial and the person's health are also issues that must be considered in such an evaluation.