A "wrongful death" is one that occurs as a result of the negligence or misconduct of another person, company or entity. An action for wrongful death can be brought by a spouse, parents or children. Wrongful death damages belong to the person bringing the action. An action for the pain and suffering experienced by the deceased before their death can be brought by the deceased's estate. The recovery in this situation belongs to the deceased's estate and will pass under their will or by state intestacy laws.

A wrongful death lawsuit is different from other personal injury cases because the victim in a wrongful death case has actually died and is obviously unable to prosecute a lawsuit. A wrongful death claim is filed by the surviving family members of the victim who are seeking damages associated with the death. Wrongful death litigation often involves the following:

• Car accidents and car crashes
• Insurance claims and coverage disputes
• Personal injury and wrongful death
• Premises liability claims
• Products liability - dangerous and defective products
• Trucking accidents and semi-truck crashes
• Workplace and industrial accidents

Damages in a wrongful death lawsuit often include:

• Death expenses
• Loss of consortium
• Loss of earnings
• Medical bills
• Physical and mental suffering

In a case of wrongful death, damages are assessed to compensate family members for their loss. There are many ways in which in a number of areas, it is important to examine each one carefully.

The most obvious loss in a case of wrongful death is the actual expense occasioned by medical and death expenses. These are usually easy to determine.

Less obvious but equally important is the loss of future earnings and benefits, as well as the loss of companionship. These damages are more difficult to calculate and include anticipating the lifespan and earnings of the decedent, as well as the relationship to remaining family members.

Loss of companionship is very difficult to calculate since it is totally subjective and does not lend itself to empirical measurements. It is a measure of the emotional pain and suffering experienced by the survivors.

A final area of damages is punitive damages. This is an amount awarded to punish the person who caused the death, rather than to compensate for a specific loss. It can typically only be awarded when the action of the defendant was intentional or grossly negligent.

Have you suffered the loss of a loved one due to negligence or misconduct of another person, company or entity? If so, you need to contact me immediately so I can preserve your rights and obtain the compensation you deserve.