The loss of a loved one is difficult in any circumstance; however, it can be especially challenging when your loved ones’ death was the result of negligence or recklessness of another person. This factor alone can make the coping process feel devastatingly impossible, as losing a companion that provided you love and support in an unexpected and tragic way can completely shift and upend your life.
There is no correct way to handle the death of a loved one; however, there is a distinct legal process that must be followed if you seek to file a wrongful death claim. At Towe & Fitzpatrick, PLLC, our law firm understands that it can take time to cope the wrongful death of a loved one, which is why our experienced attorneys delicately but efficiently help our clients timely move through a wrongful death action.
Whether the death occurred due to an automobile accident, medical negligence, dangerous products, hazardous property conditions, worksite accident or similar incidents, you may have the right to file a wrongful death action. If the negligent, careless, reckless or intentional actions of another caused the deadly incident, then this is considered a wrongful death.
Filing a wrongful death action
While there is no way to make up for this loss, there are ways to reduce the financial, emotional and mental impact this loss has on you. A wrongful death claim is a viable civil action for the loved one of the deceased that was wrongfully killed.
This civil action seeks to recover financial compensation to address the losses and damages derived from the wrongful death. The personal representative of the estate of the deceased in charged with the responsibility of filing a wrongful death claim. This could result in damages for mental anguish as well as the loss of companionship and financial support.
A survivorship claim is another action that could be filed by the personal representative. The financial compensation sought in this action often includes lost wages and medical bills incurred at the time of their death. If awarded, this belongs to the estate, which is then distributed to the heirs.
Navigating a wrongful death claim is no easy feat, as you are trying to cope with your loss while also manage the losses and damages stemming from the wrongful death. You may be overwhelmed by the process and have several questions and concerns. A legal professional can provide ease to the situation, helping you understand your legal rights and options.
