A wrongful death occurs when a person is killed due to the negligence or other liability of another person or entity. Surviving beneficiaries or dependents may seek compensation from the negligent and responsible party or parties.
In addition to the wrongful death action for the surviving beneficiaries and dependents, the victim may have a cause of action for injury to his/her health, reputation or person, and that action survives in favor of his or her heirs, legal representative, and estate. Suit may be brought only if the victim would have been entitled to bring an action for the injury if the victim had lived.
Damages recoverable in a wrongful death action are those that the victim experienced from the moment of the negligent act causing the death, until the time of the decedent’s death and losses experienced by the next of kin after the deceased’s death.
Survivorship claims, on the other hand, cover the medical bills that accrue in the period between the injury and death, and provides compensation to the victim for the pain and suffering and injuries in general that occurred.
If the death was caused by a particularly reckless or negligent act, punitive damages may also be awarded. These types of damages are intended to discourage the liable party from acting in a similar way in the future and punish them for having acted in such a way that led to the incident.
If a loved one suffered a fatal injury as the result of the negligence of another, his estate and the surviving family members may be entitled to compensation.
Contact Heard Law Firm today for a free evaluation of your case.
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