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WRONGFUL DEATH Wrongful Death action is an action brought to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another. The
beneficiaries of a Wrongful Death action are limited to the surviving spouse,
children, or parents of the deceased. Their
right to share in the recovery in a wrongful death action is governed by the
laws of intestacy. As
a general rule, the personal representative of the decedent’s estate (executor
or administrator) must prosecute
the claim. Wrongful
death claims are sometime referred to as DEATH
CLAIMS and also
apply to injuries that lead to the still birth of a child, newborn or fetus. The damages that can be recovered are governed by state law and include special damages such as “reasonable hospital, medical, funeral expenses, expenses of estate administration necessitated by reason of the injury causing death.” In addition to special damages, it is generally accepted that a surviving spouse in a wrongful death action can recover for the loss of the decedent’s financial support, services, comfort, society and affection. In the case of surviving children, they are permitted to recover for loss of a deceased parent’s guidance and tutelage. There is, however, no recovery for the survivor’s grief. There
are many factors that determine what elements of damages are recoverable and in
general the beneficiary seeking to recover bears the burden of establishing any
pecuniary loss. CONCLUSION In pursuing a wrongful death or death claim for the loss of a loved one, it is extremely important to have your case represented by attorneys that have many years of experience in prosecuting these kinds of cases. An inexperienced attorney may settle a claim on behalf of a surviving spouse or children that is far below what would have been recovered with a more experienced attorney. In the Member Legal Service Network there are several law firms which have excellent reputations for handling this very special kind of claim.
If you have had a tragic loss and want to discuss your legal rights, contact Leonard A. Sloane, Chair of the Personal Injury/Litigation Department @ 610-565-3700. extention 257. Ó 2000 James
W. Pearson, Jr., All Rights Reserved FOR ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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