A wrongful death claim is in many ways like a personal injury claim. However, with wrongful death cases, the injured party was killed by the negligence or intentional actions of another party. So, the question arises of who can legally sue for damages in the event of the wrongful death of the injured party. The answer will vary depending on several conditions, so you will want to contact an attorney specializing in personal injury cases if you think you are entitled to compensation.
In general, wrongful death claims may pursue monetary damages to compensate for loss of the deceased person’s expected future income, funeral and burial costs, medical treatment costs incurred prior to death, and pain and suffering. Therefore, those who are entitled to make a claim would typically be individuals who are financially dependent on the deceased party.
Spouses
It is common for spouses to be plaintiffs in wrongful death cases, as they may experience significant financial distress as a result of their partner’s lost earning power. Additionally, the loss of love, care, companionship, and nurturing may be considered in determining financial compensation.
Parents and Children
When a minor is killed, the parents of that child may sue for wrongful death. In some states, parents may sue for the wrongful death of an adult child as well. Children may be the plaintiffs in a wrongful death case if their parents have been killed, however they would likely be represented by a representative of the parents’ estate.
Losing a loved one is never easy, but it can be particularly difficult to cope with the loss of a parent, spouse, or child when it is the result of a personal injury caused by another party. Mesch Clark Rothschild can provide the compassionate representation you need to recover financially from your loss, so you can focus on grieving. Give us a call to review your case at (520) 624-8886.
